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Breathalyzer Source Code Revealed

Nonillion writes "New Jersey attorney Evan M. Levow was finally able to get an order from the Supreme Court of New Jersey forcing the manufacturer of the popular Draeger AlcoTest 7110 to reveal the source code. Levow turned the code over to experts, Base One Technologies, to analyze. Initially, Base One found that, contrary to Draeger's protestations that the code was proprietary, the code consisted mostly of general algorithms: 'That is, the code is not really unique or proprietary.' In other words, the 'trade secrets' claim which manufacturers were hiding behind was completely without merit." Following up an earlier discussion here, the state of Minnesota has (without explanation) missed a deadline to turn over the code for a different breathalyzer.

501 comments

  1. "code" is probably in the hardware by Gothmolly · · Score: 2, Interesting

    The "code" probably digests an 8 bit unsigned char output of a A/D converter, a signal from the "alcohol detecterizer chip", the innards of which are probably proprietary. Then, if [quantized signal] is greater than X, then light the yellow light, if greater than [X+Y], light the red light and make a beep sound.

    --
    I want to delete my account but Slashdot doesn't allow it.
    1. Re:"code" is probably in the hardware by MBCook · · Score: 5, Informative

      You don't seem to have read the "article", but then again this is /.

      Even in such a simple case there are many things it should be testing. Is the A/D output sane? Does it take 3 quick samples while someone is blowing and average them or just take it once (which could be wrong for some reason)?

      According to the article, it doesn't look like it does. It calibrates the wind sensor, but doesn't check that the calibration is sane. It doesn't report errors unless they happen 32 times in a row. It disables the watchdog timer. It disables the interrupt for illegal instructions. It doesn't meet any coding standards. It contains code with things like "this is temporary for now" in it.

      There is an obvious reason why they didn't want the code released.

      --
      Comment forecast: Bits of genius surrounded by a sea of mediocrity.
    2. Re:"code" is probably in the hardware by Nos. · · Score: 5, Informative
      Well, looks like its a bit more than that (FTA):
      • Several sections are marked as "temporary, for now"
      • Converters will substitute arbitrary, favorable readings for the measured device if the measurement is out of range
      • The software takes an airflow measurement at power-up, and presumes this value is the "zero line" or baseline measurement for subsequent calculations. No quality check or reasonableness test is done on this measurement
      • It would fail software standards for the (FAA) and (FDA), as well as commercial standards used in devices for public safety
      What is this thing, alpha?
    3. Re:"code" is probably in the hardware by MenTaLguY · · Score: 3, Informative

      Well, it's not as if the article was Slashdotted at the time. :) I think it's fair to gripe about hand-waving dismissals if their rebuttal is already in the very article being dismissed.

      --

      DNA just wants to be free...
    4. Re:"code" is probably in the hardware by daeg · · Score: 4, Insightful

      It's a device intended to nab as many people as possible. The more people it "saves" from being killed by drunk driving the better. Accuracy doesn't matter, legal limits don't matter. ZOMG ALCOHOL!!! = Jail. Fines. Moral superiority. If police departments actually intended to serve the public, they'd come up with a more reliable system subject to completely public scrutiny and be glad to instill public trust in their methods by doing so.

      Flip it to another tool used for criminal convictions: if DNA were a public, proprietary process through only two or three companies nationwide and they refused to show anyone how it worked, would you trust them? Absolutely not.

    5. Re:"code" is probably in the hardware by Marxist+Hacker+42 · · Score: 4, Informative

      It's even worse than that. The A/D converter is hooked up to a chamber, which at one time held a known amount of air. An infrared light source is at one end of the chamber, a photovoltaic cell at the other. The A/D converter reads the photovoltaic, they multiply it by the magic 2100 number (which is truly a magic number- it's based on an average and can really range from 1300 to 3000) and spit out the answer.

      This is why it's always vitally important to get a true blood test, and to preserve a sample for your attorney.

      --
      SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
    6. Re:"code" is probably in the hardware by Hucko · · Score: 2, Insightful

      Raise the standard, begin with you.

      --
      Semi-automatic amateur armchair Australian philosopher; conjecture ready at any moment...
    7. Re:"code" is probably in the hardware by el+americano · · Score: 2, Informative

      This is why it's always vitally important to get a true blood test, and to preserve a sample for your attorney.

      On the contrary, insist on the breathalyzer and contest the results if you fail. If you fail the blood test, you're screwed.

      --
      Those are my principles. If you don't like them I have others. -Groucho Marx
    8. Re:"code" is probably in the hardware by Marxist+Hacker+42 · · Score: 1

      On the contrary, insist on the breathalyzer and contest the results if you fail. If you fail the blood test, you're screwed.

      You should check out some of the links- in California for example, you can't challenge the results of the breathalyzer unless you've *also* insisted on the blood test.....I didn't realize the state of DUI laws was quite that bad.

      --
      SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
    9. Re:"code" is probably in the hardware by cayenne8 · · Score: 1
      "It's a device intended to nab as many people as possible. "

      Hmm....I wonder if we can request to see the source code for other instruments used by the police, usually just for income generation: the radar gun, the photo radar system, traffic light cameras??

      Seems like this case would set a precedent for that?

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    10. Re:"code" is probably in the hardware by cayenne8 · · Score: 4, Informative
      "On the contrary, insist on the breathalyzer and contest the results if you fail. If you fail the blood test, you're screwed."

      I've posted this type info before...on other stories, but, depending on the state you are in, if you know you're gonna blow over the limit....refuse ALL tests...don't blow anything, don't give blood....and for God's sake...don't get out and try the field sobriety tests. All those do, is let the cops collect evidence to be used against you. According to my atty....he said you know you're going to jail no matter what...don't help them gather evidence from you. Just don't say anything, and put your hands out for the cuffs. And call the lawyer immediately....

      I know if varies from state to state...but, in many (maybe most) you probably will lose your license automatically for a year, but, can often get a hardship license for getting to work, food, etc. You may get a reckless driving...but, at least it isn't a DWI. That can hurt your credit, and job possibilities in this day of the MADD witchhunt. The new ridiculously low BAC forced by the feds (0.08) can get you nailed even if you are fine to drive.

      Anyway, if you like to have a drink out at all...you should know the laws of your state...and be prepared...

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    11. Re:"code" is probably in the hardware by budgenator · · Score: 1

      Converters will substitute arbitrary, favorable readings for the measured device if the measurement is out of range that's more reasonable than reporting you have enough alcohol in you to kill two bull African elephants and a wildebeest.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    12. Re:"code" is probably in the hardware by f_raze13 · · Score: 1

      Sure, if you had absolutely no idea what precedent was.

    13. Re:"code" is probably in the hardware by iamacat · · Score: 1

      What programming bug would you use to explain a picture with you in the middle of an intersection, red light clearly shown on the photo and drivers on the cross road edging forward after seeing a green light?

    14. Re:"code" is probably in the hardware by stunt_penguin · · Score: 1

      If you fail the blood test, I don't care if it screws you, you're over the limit, should be punished and shouldn't seek not to be punished.

      --
      When the posters fear their moderators, there is tyranny; when the moderators fears the posters, there is liberty.
    15. Re:"code" is probably in the hardware by cayenne8 · · Score: 3, Interesting
      "What programming bug would you use to explain a picture with you in the middle of an intersection, red light clearly shown on the photo and drivers on the cross road edging forward after seeing a green light?"

      To prove the photo was legit...not double exposed maybe (taken when yellow, but, redlight shown), to make sure the yellow light was sufficiently long (there have been cases showing that yellow lights were shortened on purpose to generate more fine revenue)....things along that line.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    16. Re:"code" is probably in the hardware by letxa2000 · · Score: 3, Insightful

      Anyway, if you like to have a drink out at all...you should know the laws of your state...and be prepared...

      Or just think ahead and don't drink if you're planning on navigating a massive structure weighing thousands of pounds down a highway with fellow human beings. Have a designated driver. Walk home. Take a cab. Driving isn't your only option.

      Rather than making this an exercise in what you can get away with within the law, make it an exercise in personal responsibility in regards to your fellow man.

    17. Re:"code" is probably in the hardware by DigitalCrackPipe · · Score: 1

      What is this thing, alpha? Yes. I suspect that practically all code that hasn't been seriously peer reviewed and had the defects resolved is alpha quality. There just isn't enough pressure (or accountability) to encorage good coding practices. Maybe when software development matures as an industry...
    18. Re:"code" is probably in the hardware by letxa2000 · · Score: 5, Insightful

      Even in such a simple case there are many things it should be testing. Is the A/D output sane? Does it take 3 quick samples while someone is blowing and average them or just take it once (which could be wrong for some reason)?

      I have an even more important question: Does the friggin' device work? I agree that reading through the observations, the code doesn't instill confidence. But the real important question is whether or not it works. There must be some requirement as to how many false positives/negatives are allowed because no matter how good your code, nothing is infallible. So what is the requirement in terms of acceptable false positives and/or false negatives, and does the device meet that requirement?

      Is there is a real and legitimate belief that this device doesn't work? Or is this just some escapade launched by an attorney to free a guilty drunk driver?

    19. Re:"code" is probably in the hardware by NemoinSpace · · Score: 1

      agreed, if it doesn't make use of the function IsComputerOnFire it's got to be substandard.

    20. Re:"code" is probably in the hardware by AgentFade2Black · · Score: 1

      In Massachusetts, it's not a good idea to do that.
      The penalty is 3x as worse for not refusing a breathalyzer/chemical test than taking it and failing. (Why this is the case is beyond me.)
      It's not clear, however, if you refuse a field sobriety/hand-held breathalyzer test and will consent to a blood test.

    21. Re:"code" is probably in the hardware by russotto · · Score: 5, Informative

      Converters will substitute arbitrary, favorable readings for the measured device if the measurement is out of range

      that's more reasonable than reporting you have enough alcohol in you to kill two bull African elephants and a wildebeest.
      No, it isn't. If it, due to some error, detects enough alcohol in you to kill an elephant, it's obviously malfunctioning and should not report any value. Reporting the absurd value is second-best, because it allows you (or your attorney) to challenge the value. Reporting a reasonable-sounding value is manufacturing of evidence.

      Consider, for instance, if radar guns reported "91mph" any time they detected too high a value (say, above 200mph). You could be driving by at 75mph, some malfunction could cause the gun to detect 600mph, it would report "91mph", and you'd be screwed. If it reported 600mph and you got pulled over based on it, you'd probably win in court because your car can't do 600mph.

    22. Re:"code" is probably in the hardware by Sj0 · · Score: 1

      Most of the time, when a heated wire anerometer fails, it's because it's become an open circuit.

      --
      It's been a long time.
    23. Re:"code" is probably in the hardware by wish+bot · · Score: 1, Insightful
      Before you get too worked up in your rant, most places in the world require a blood test before you are considered 'over the limit' to the extent where you can be prosecuted. The breath test is a first pass, if you're over you'll have a blood sample taken for testing. In Australia they're pretty serious about this have have these huge busses kitted out with mini pathology labs to do just that - they park them somewhere, start pulling over people, failed breath-tests go to the bus for a blood test.

      The more people it "saves" from being killed by drunk driving the better.
      It looks like you're being facetious here....drink driving is a real problem for the safety of everyone on or even near a road. If people are so vain to think that they can operate a vehicle at high speeds while pissed without putting anyone else in danger, then they deserve to taught how to be more humble - whether that's with a fine, prison, or whatever.
      --
      lemonade was a popular drink and it still is
    24. Re:"code" is probably in the hardware by Sj0 · · Score: 1

      I've heard of people being 'caught' for simply being a foot past the stop line. A picture is only worth a thousand words. It's not always worth the SAME thousand words.

      --
      It's been a long time.
    25. Re:"code" is probably in the hardware by Sj0 · · Score: 1

      [quote]If it reported 600mph and you got pulled over based on it, you'd probably win in court because your car can't do 600mph.[/quote]

      Maybe you're not trying hard enough. You'd be amazed how quick you can get a little Bronco II going with the right know-how and a little bit of rocket fuel.

      --
      It's been a long time.
    26. Re:"code" is probably in the hardware by zzottt · · Score: 0

      Thank you MBCook, I think you summed up the article quite well

    27. Re:"code" is probably in the hardware by budgenator · · Score: 1

      Radar guns usually use a phase-locked-loop that scans from the fastest on down and generally omit and coherency checks so it expected that they lock on the fastest and strongest signal. In the absence of a reflected signal locking on random noise frequently gives the nonsensical readings we here about in the press. What coherency checking is, is a method of modulating the transmitted RF carrier with a low frequency signal, this makes it easy for the radar receiver to compare the coherency signal transmitted with the signal received and ignore random noise, burglar alarms and other radars. When you get a radar ticket, they usually take multiple readings to make up for the lack of coherency checking.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    28. Re:"code" is probably in the hardware by cayenne8 · · Score: 1
      "It's not clear, however, if you refuse a field sobriety/hand-held breathalyzer test and will consent to a blood test."

      Well, if you are in this situation...and can do it....refuse the field test, and say you'll submit to test at station WHEN you can do so in the presence of your lawyer. This can buy you time to process alcohol out of your system....

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    29. Re:"code" is probably in the hardware by Jorgandar · · Score: 2, Insightful

      Funny..because there are 3 companies out there who claim to know everything about you and your trustworthyness and report that out to everyone as a neat little number...your credit score. Then they sell this data as if it were true, when 1/3 of all of it is false. AND they all use a secret algorithm. AND it took an act of congress just to let you peek at your score once a year. ...and everyone seems to trust them.

    30. Re:"code" is probably in the hardware by TheVelvetFlamebait · · Score: 3, Insightful

      Accuracy doesn't matter, legal limits don't matter. ZOMG ALCOHOL!!! = Jail. Fines. Moral superiority.
      I know I'm going to be torn apart limb by limb by the modders out there, but yes, you're right. The hard limit isn't really the point. Do you think people are suddenly dangerous over 0.05 (or whatever the limit is in your neck of the woods)? The point is that you've been drinking before you've been driving, and you really shouldn't have been doing that. That's what the law is intended to do: to stop you from driving after good night out. It's negligent, it's potentially dangerous, and it sets a bad example for others. If you're really only 0.04, the limit's 0.05, and you read over it, I'm sorry that such a miscarriage of justice happened. However, it really wasn't a good idea to drive in the first place, now was it?
      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
    31. Re:"code" is probably in the hardware by DutchSter · · Score: 1

      Well, if you are in this situation...and can do it....refuse the field test, and say you'll submit to test at station WHEN you can do so in the presence of your lawyer. This can buy you time to process alcohol out of your system....

      This can work to a degree. Most states have a fairly tight time limit in which a person must be tested for the results to be considered valid. Usually it's 2-4 hours. The problem is while flunking the machine is prima facie evidence that you are over the limit, it's not the only acceptable evidence. Even if you refuse the test, or if for some reason the machine isn't working, you can still be charged with and convicted of DUI in many states. How can this be? Like I said, flunking the machine is prima facie, but it's not the only way you can be considered drunk. Admittedly it's harder to prove in court, but a dash cam video of you driving all over the road, reacting slowly to the officer's commands as if you're having trouble understanding, the arrest report that documents the fact that alcohol was clearly on your breath, the booking video (oh? you didn't know that almost all jail facilities video and audio tape their processing areas?) of you having trouble standing, slurring your speech, etc, all can lead to a preponderance of evidence that you were, in fact, driving drunk. That's enough to file charges, and if it's so overwhelming as to be beyond a reasonable doubt, you're off to party plate land. (For those that don't know, in my state of Ohio, we make all DUI offenders get yellow license plates with red numbers for a few years after a DUI conviction. These are sometimes referred to as Party Plates).

      The other problem is that alcohol has been shown to be metabolized at a fairly fixed rate of one "drink" per hour, and your BAC can be estimated based on your body weight. Say you manage to delay a test for 1.9 hours after your arrest and register 0.07%. Here they can say that you're at 0.07% now, but having observed you ingest nothing for the last 1.9 hours they can estimate that your BAC at the time of arrest would have been somewhere between 0.12 and 0.14 (I'm just making these numbers up). This figure isn't as solid as a printout showing you over the limit at the time of the test, but again, it can and will add to the list of factors considered in deciding what to charge you with.

    32. Re:"code" is probably in the hardware by cayenne8 · · Score: 1
      "Admittedly it's harder to prove in court, but a dash cam video of you driving all over the road, reacting slowly to the officer's commands as if you're having trouble understanding, the arrest report that documents the fact that alcohol was clearly on your breath, the booking video (oh? you didn't know that almost all jail facilities video and audio tape their processing areas?) of you having trouble standing, slurring your speech, etc,"

      With all the video....I'm guessing that is why my atty. friend suggested to literally say nothing if you know you're gonna be busted. You don't speak any more that absolutely necessary, and don't get out of the car to do field tests where they can tape you. If you don't have a DWI record, and you give them as little evidence as possible...get a good lawyer, and they can usually get you out of the DWI charge...possibly down to something like wreckless driving which sucks, but, doesn't have the problems a real DWI comes with.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    33. Re:"code" is probably in the hardware by Fulcrum+of+Evil · · Score: 1, Informative

      Actually, it's probably fine. .08 (the limit most places) is only a minor impairment - you have to get to .12 before you're seriously impaired. Fact is, drinking and then driving is just fine, done properly. 1 or 2 beers or glasses of wine won't make you loopy, so no big deal.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    34. Re:"code" is probably in the hardware by Anonymous Coward · · Score: 0

      You sir, are an asshat. If you knew the first thing about how these tests work or what the overall effect is by getting drunk drivers off of the streets, you probably wouldn't spout such blather. FYI, the public scrutiny part comes in when you request your right to jury trial to be judged by your peers. The public seems to agree with these methods, with the exception of someone with enough intelligence to try and backdoor the legal system the way this guy did. To be quite honest, it really doesn't matter what the test says, by that time there is enough evidence established to prove that your mental and physical faculties were impaired anyway (oops, what was that?) The numbers just help justify what you were arrested for anyway. Without everything else it would be circumstantial.

      If this was a joke, it went waaay over my head.

    35. Re:"code" is probably in the hardware by Anonymous Coward · · Score: 0

      It seems to me, the only posible trade secret is that magic number 2100. can a magic number be considered a trade secret?

    36. Re:"code" is probably in the hardware by Anonymous Coward · · Score: 0

      You would think... If you had all the time to post this, as if you are informing the world so brightly, that you would also be smart enough to call a cab when your drunk ass has had too much to drink. It sounds like you have had plenty of experience in this area. I certainly hope you or someone you love doesn't get injured by a drunk driver because guess what?..! *My lawyer told me to sue!*

      Fuckhead

    37. Re:"code" is probably in the hardware by DutchSter · · Score: 1

      With all the video....I'm guessing that is why my atty. friend suggested to literally say nothing if you know you're gonna be busted. You don't speak any more that absolutely necessary, and don't get out of the car to do field tests where they can tape you. If you don't have a DWI record, and you give them as little evidence as possible...get a good lawyer, and they can usually get you out of the DWI charge...possibly down to something like wreckless driving which sucks, but, doesn't have the problems a real DWI comes with.

      That's good advice from a legal standpoint regardless of the situation. A smart suspect keeps their mouth shut, and I respect that. The problem is even if you say very little, you probably still smell like booze and there was probable cause for the stop. Most drunks I've found don't know how drunk they are and despite the advice they received when they were sober want to try to show that they're stone cold sober. You don't have to do the field tests, but at that point the officer does have the right to detain you for a certified test. Lucky you, the cops won't let you drive yourself to the station to participate. You've got to get out of the car and walk back to the cruiser for transport. Again, not prima facie but if you're having trouble making that straight walk back, it'll be on tape for the prosecutor to review.

      The other thing to keep in mind is that if you're charged with DUI and plead it to reckless op, your record may still reflect that you were CHARGED with DUI, CONVICTED of RO. Now, this is not the same as having been convicted of DUI. You don't have to get the party plates and other fun activities, but next time you're out on the road and pulled over for weaving while smelling like booze, the fact that you were previously charged with DUI can come back to bite you because it's added into the pot of evidence.

    38. Re:"code" is probably in the hardware by double07 · · Score: 2, Informative

      The new ridiculously low BAC forced by the feds (0.08) can get you nailed even if you are fine to drive.
      It's .05 in Australia, which basically equates to 2 drinks. consider yourselves lucky.
    39. Re:"code" is probably in the hardware by ACDChook · · Score: 1

      I've heard of people being 'caught' for simply being a foot past the stop line. As they should be. When stopping at an intersection, you have to stop without crossing the line. If you stop over the line, then you deserve the fine. If you can't even judge reasonably accurately where the nose of your vehicle is, then you should not be allowed on the roads. Judging the size of your vehicle is a basic road skill, and if you can't do it, you're a danger to yourself and others.
    40. Re:"code" is probably in the hardware by jamstar7 · · Score: 1

      Maybe you're not trying hard enough. You'd be amazed how quick you can get a little Bronco II going with the right know-how and a little bit of rocket fuel.

      Makes you wonder about that '35 mph chase down the freeway' when they chased OJ, though, doesn't it?

      Seriously, though, if the software isn't really all that accurate, then I'd say, the guy has a case in court. Too bad the judge and jury aren't likely to be technologically inclined...

      --
      Understanding the scope of the problem is the first step on the path to true panic.
    41. Re:"code" is probably in the hardware by belmolis · · Score: 1

      While I agree that it sounds like this software is not acceptable, I'm not sure that all of its defects bias it against defendants. Consider this excerpt from the report:

      The software takes an airflow measurement at power-up, and presumes this value is the "zero line" or baseline measurement for subsequent calculations. No quality check or reasonableness test is done on this measurement...

      If what they mean by "airflow measurement" is "measurement of the alcohol content of the air", which is the only thing that makes sense as a baseline for subsequent calculations (a measurement of airflow in the usual sense would not, as far as I can see, be useful as baseline), then what it is doing is setting the zero level for alcohol on startup. If the baseline is above true zero, that will lower the measured value and therefore benefit the defendant. This condition could occur if there is alcohol around. For the baseline setting to create a bias against the defendant, it would have to be lower than true zero. As far as I can see, there is no way that could occur. So, if the above passage means what I think it means, in this respect the potential error is in favor of the defendant.

    42. Re:"code" is probably in the hardware by karmatic · · Score: 2, Insightful

      If you're really only 0.04, the limit's 0.05, and you read over it, I'm sorry that such a miscarriage of justice happened.

      First off, I don't drink - never mind drinking and driving. And personally, I think that truly incapacitated drivers (not just Alcohol) that put others at risk should be jailed for a very long time. After all, killing someone lasts a lifetime.

      That being said, laws should be enforced properly, and evidence should be good. If driving at 0.04 is bad, then that's where the limit needs to be, and that's where the equipment needs to be. Arbitrary enforcement of laws (speed limit, I'm looking at you) leads to contempt for the law.

      We, as individuals, are subject to, and expected to abide by the law. It's bad enough that they have so many laws it's literally impossible to know all the ones that apply to you. Now you want to make it even harder making it so that even if you know the law and abide by it, you can still get in trouble?

      America is supposed to be the land of the free, and was founded upon principles and laws designed to protect the people from the government. The government needs strict standards rigorously enforced by the people (by voting, constitutional amendments, and armed revolution - as appropriate). What good are having laws if the government disregards them at will? Furthermore, given our history (interring the Japanese, among other things), it should be blatantly apparent that the law (and by extension the collective power of the citizenry to enforce and replace it) is the only thing that can protect the people from tyranny.

    43. Re:"code" is probably in the hardware by belmolis · · Score: 1

      This post is so garbled that I can only conclude that it was written under the influence of alcohol or some other mind-altering substance.

    44. Re:"code" is probably in the hardware by RobFlynn · · Score: 1

      The following happened to a friend of mine.

      She had about half a beer, got angry, and left a bar. She ended up cutting off a cop in frustration (unmarked) and got pulled over. She refused all the tests and went to jail. She called her attorney and some how still got hit with the DUI charge even though she'd only had 1/2 a glass of beer. They said that her refusal to take the tests were an admission of guilt.

      I always thought it was a load of B.S.

      --

      ---
      Rob Flynn
      Pidgin
    45. Re:"code" is probably in the hardware by Sj0 · · Score: 1

      There's a line between reasonable and unreasonable prosecution.

      Your judge-dredd style deontological ethics are fine in a perfect world, but where nobody is getting hurt, it's just milking the working stiffs for no good reason.

      --
      It's been a long time.
    46. Re:"code" is probably in the hardware by Arterion · · Score: 1

      It really depends on the person. I'm in favor of "walk a line" style of tests. I don't care if you've had 100 beers if you can walk in a straight light, are in control of your faculties, and can drive as well as you could sober.

      --
      "That which does not kill us makes us stranger." -Trevor Goodchild
    47. Re:"code" is probably in the hardware by Kreigaffe · · Score: 2, Informative

      That's the most ridiculously heavy-handed bullshit I've ever heard in my life. almost.

      If you're talking about city-traffic, 25-35mph block-by-block stoplights, you have a point.. and stopping behind the line is pretty important when there'll be hoards of people rushing across without really paying attention to you as soon as you stop.

      That's not the only driving that's done in this world. Yellow lights are exceedingly brief. You're going 65mph, BAM YELLOW LIGHT! CAN YOU STOP IN TIME? IF YOU SLOW DOWN YOU WON'T MAKE IT THROUGH BEFORE IT'S RED -- BUT CAN YOU KNOW! SLAM ON THE BRAKES OR KEEP GOING YOU DECIDE, NOW NOW NOW GO GO GO aww you stopped, but exceeded the stop line by 2 feet. Should've never slowed down, you woulda made it!

      Yeah.. no, you're pretty much wrong, and those automated ticketers are pretty much a bad idea. Hell, cops were getting yellow light duration shortened BEFORE those fucking idiot cameras were ever even a glimmer in some schemer's eye

      --
      ... still waiting for this free-as-in-beer free beer I keep hearing about. :|
    48. Re:"code" is probably in the hardware by ACDChook · · Score: 1

      If you hit the brakes to try and stop, and fail, then you've failed to correctly predict your car's braking distance - another basic skill of driving. You should have kept going, and it should just be a split-second reastion when you see a light go yellow up ahead. Driving should be instinctive. If it isn't, then you need to improve your skill and get more experience behind the wheel. When that light changes, you should KNOW if you have time to stop, without thinking.

    49. Re:"code" is probably in the hardware by Afecks · · Score: 4, Insightful

      If the law says 0.05 is fine then we should hold ourselves to it. If we wanted 0.00 then write the law as such. Why is carrying out the law properly even an issue?

    50. Re:"code" is probably in the hardware by TheVelvetFlamebait · · Score: 1

      We, as individuals, are subject to, and expected to abide by the law. It's bad enough that they have so many laws it's literally impossible to know all the ones that apply to you. Now you want to make it even harder making it so that even if you know the law and abide by it, you can still get in trouble?
      I agree that arbitrary enforcement breeds contempt, but this issue is very simple: drink or drive, not both.
      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
    51. Re:"code" is probably in the hardware by automandc · · Score: 1

      Whether or not drunk driving is a good idea, bad idea, or moral scourge, this issue implicates something else entirely: due process. It is about the government's ability to accuse someone of a crime and obtain a conviction on untestable "scientific" evidence. As far as you and I know, there are are two secret buttons on the back of the breathalyzer that read "drunk/not drunk", and the cop just pushes whichever button he feels like. I realize that is not the case, but the point of our justice system is that I have a right to make the government prove that isn't the case before they convict me of a crime. If anyone has trouble with this issue due to the unsympathetic nature of drunk drivers, just flip it around. Imagine someone driving around drunk as a skunk, plows into a minivan, killing mom, dad, and little sister, but then blows a 0.01 on a flawed breathalyzer, and is allowed to walk away scott free. We deserve better in our criminal justice system.

      --
      I'm a lawyer with excellent karma. Something's gotta be wrong.
    52. Re:"code" is probably in the hardware by Swaffs · · Score: 1

      1 or 2 beers also won't put you anywhere near the .08 or .12 levels. Not even close.

      --

      --
      "Karma can only be portioned out by the cosmos." - Homer Simpson [1F10]

    53. Re:"code" is probably in the hardware by Kreigaffe · · Score: 1

      Again, you're over-simplifying things.

      Different road grades, surfaces, and conditions can greatly change your stopping distance.

      Never mind the fact that all yellow lights are NOT created equal. Some are leisurely and slow to go red -- some change in less time than they're required to give you.

      That alone's enough to snake anyone, and if you throw in driving in an unfamiliar area.. your expectations are unrealistic and pointless. If you stop exactly on some arbitrary line or a foot or two feet past that line it does not matter. Sometimes you'll need to stop several feet BEHIND the line. Sometimes right on. Sometimes it doesn't matter -- and if there is right turn on red, you're going to have to creep past that line in order to safely perform a right turn on red.

      I bet you drive with your hands at 10 and 2, too.. and I bet you don't know why.

      --
      ... still waiting for this free-as-in-beer free beer I keep hearing about. :|
    54. Re:"code" is probably in the hardware by ACDChook · · Score: 1

      Actually, 9 and 3, as it gives more control. Unless driving a manual, in which case it's usually left hand on gearstick, right hand at about 2. And here in Australia, we don't have anything as confusing as going through a red light, under any circumstances. If you can go, it'll be green. The equivalent of your right turn on red would be a left turn on red here, but instead, if you can turn, there's a green arrow that lights up while the main light is red.

      I was never talking about how long a yellow light stays yellow - as soon as it changes, you should instantly know if you can stop or not in time - if you can, you do. If you can't, you don't. If you're caught stopped over the line, then you shouldn't have stopped, plain and simple.

    55. Re:"code" is probably in the hardware by cheater512 · · Score: 1

      Hey your tinfoil hat is slipping off. Better put it on more securely.

      It would be rather ironic if tomorrow you got hit by a driver who was drunk behind the wheel.

    56. Re:"code" is probably in the hardware by cheater512 · · Score: 1

      Um...It would be a *AIR FLOW* baseline, not a alcohol baseline.

    57. Re:"code" is probably in the hardware by E++99 · · Score: 1

      * Several sections are marked as "temporary, for now"

      So? That makes it bad?

              * Converters will substitute arbitrary, favorable readings for the measured device if the measurement is out of range

      I don't know what "favorable" means here, but I get the impression that it uses the floor or ceiling value of the actual value is out of range... and that it signals an error if there are too many such values.

              * The software takes an airflow measurement at power-up, and presumes this value is the "zero line" or baseline measurement for subsequent calculations. No quality check or reasonableness test is done on this measurement

      So they assume no one is breathing into it while turning it on. While I wouldn't object to adding a "reasonableness test", in what situation is this going to be a bad assumption?

              * It would fail software standards for the (FAA) and (FDA), as well as commercial standards used in devices for public safety

      This is total misdirection. The only software that meets formal coding standards like the ones mentioned is the software that *has to* meet it. It doesn't mean the software is necessarily better, it only means a certain formal process has been gone through. There should obviously be testing and quality control for the device and software, but examining the code does not tell you what there was or was not in that regard.

    58. Re:"code" is probably in the hardware by fishbowl · · Score: 4, Informative

      >Does the friggin' device work?

      Of course, by the time they actually bring out the breathalyzer, they've probably already decided to arrest you based on the Nystagmus test. Most of the procedure is just misdirection to keep the suspect calm, thinking he still has a chance to avoid arrest, even though it's already a foregone conclusion. It gives the DUI suspect a chance to dig a deeper grave for himself... The breathalyzer result is more valuable for getting confessions in the field, rather than for evidence in court. They don't actually *need* mechanical sobriety tests, since HGN, one-leg-stand, walk-and-turn tests and the like, stand up just fine in court.

      --
      -fb Everything not expressly forbidden is now mandatory.
    59. Re:"code" is probably in the hardware by X0563511 · · Score: 1

      Speed and braking performance matter also. There are plenty of times where I am going the speed limit, and the light goes yellow. If I stop, I will stop in the intersection. If I continue at current speed (the limit) I will be 1/4 the way into the intersection when it goes red. Oh and if the road is the least bit wet? forget it. I'm probably going slower now, so it WILL be red before I enter, but there is no way to stop in time.

      I have new pads, healthy rotors and calipers, and 6-month old high-end tires.

      It's bullshit. Yellow lights should give enough stopping time for the maximum size/weight vehicle allowed in that road to stop from full speed, let alone a puny sedan.

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    60. Re:"code" is probably in the hardware by fishbowl · · Score: 1


      "Before you get too worked up in your rant, most places in the world require a blood test before you are considered 'over the limit' to the extent where you can be prosecuted."

      I've lived in several places where a police report that you failed a 40 degree Nystagmus test can put you in prison. No blood test, breathalyzer, etc. needed.

      --
      -fb Everything not expressly forbidden is now mandatory.
    61. Re:"code" is probably in the hardware by fishbowl · · Score: 1


      >I've heard of people being 'caught' for simply being a foot past the stop line.

      Over the line is in the intersection, or in the crosswalk.

      You've never had your toes broken playing darts in a rowdy pub, have you?

      Over the line is over the line. You ran the light.

      --
      -fb Everything not expressly forbidden is now mandatory.
    62. Re:"code" is probably in the hardware by fishbowl · · Score: 1

      >That's the most ridiculously heavy-handed bullshit I've ever heard in my life. almost.

      You are a poor driver trying to blame others for your deficiencies.

      Example: Where do you drive that has a 65MPH speed limit leading up to a stop light?

      And don't try the "everybody speeds and if you don't it's unsafe" argument with me.

      --
      -fb Everything not expressly forbidden is now mandatory.
    63. Re:"code" is probably in the hardware by ydra2 · · Score: 1


      >> Hey your tinfoil hat is slipping off. Better put it on more securely.

      >> It would be rather ironic if tomorrow you got hit by a driver who was drunk behind the wheel.

      Tin foil my eye! Everybody knows the measurement is controlled by the police officers thumb pressure on the lower right corner of the device.

    64. Re:"code" is probably in the hardware by fishbowl · · Score: 1

      >The new ridiculously low BAC forced by the feds (0.08) can get you nailed even if you are fine to drive.

      Ridiculously low? I think I can drink three glasses of Bushmill's Malt and not blow .08.

      --
      -fb Everything not expressly forbidden is now mandatory.
    65. Re:"code" is probably in the hardware by ACDChook · · Score: 1

      Then contest the fine in court. Prove your case - that it was impossible to stop in time, so you had to go through. That's what the amber light is for. Once it's in court, theoretically the burden of proof would then be with the prosecution (or equivalent depending on exactly which court system would be applicable) to show that you could have stopped.

    66. Re:"code" is probably in the hardware by Kokuyo · · Score: 1

      If you got pulled over for driving 600 MPH the cop should get insta-fired.

    67. Re:"code" is probably in the hardware by darkmeridian · · Score: 1

      It's the new trend to be anti-authoritarian (ha!) but drunk driving kills. If the Founders did not walk off a boat filled with tobacco and wine, we would have banned smoking and drinking along with marijuana and cocaine. Even if you're just driving drunk and don't hit anyone, that's like shooting into a crowded street and not killing anyone. It's dangerous and reckless, and just because you didn't kill anyone this time doesn't make it all alright.

      Search Google News for "drunk driver kills" and you'll see.

      Of course, if the alcohol analyzer is wrong or inaccurate, it has to be fixed. But holding drunk driving laws in disdain is a ridiculous meme that should be eliminated as soon as practicable.

      --
      A NYC lawyer blogs. http://www.chuangblog.com/
    68. Re:"code" is probably in the hardware by eat+here_get+gas · · Score: 0

      quote: 1 or 2 beers also won't put you anywhere near the .08 or .12 levels. Not even close. :quote

      I'm calling bullshit on that one! An "average" 180lb human can consume only 2 beers in ONE hour before being over the 0.08 limit.

      see: http://www.dot.wisconsin.gov/safety/motorist/drunk driving/calculator.htm

      --
      the significance of a signature is insignificant
    69. Re:"code" is probably in the hardware by belmolis · · Score: 1

      Well, that's what I'm wondering about. I don't see why an airflow baseline would be useful, but then I don't have any detailed information on how this works.

    70. Re:"code" is probably in the hardware by Anonymous Coward · · Score: 0

      I'm calling bullshit on that one! An "average" 180lb human can consume only 2 beers in ONE hour before being over the 0.08 limit.

      see: http://www.dot.wisconsin.gov/safety/motorist/drunk driving/calculator.htm I'm sorry to disappoint you, but that calculator says 0.052 for 3 beers in 1 hour.

    71. Re:"code" is probably in the hardware by Anonymous Coward · · Score: 0

      Sadly drivers in Australia who have a .05 limit in Australia should also consider themselves lucky.

      New drivers in Australia used to have a .02 limit while they were considered 'provisional' (first year drivers). First they extended the provisional period to three years, then they dropped the limit to .00. Meaning you can get a reading from many cough medicines, eating some of your grandma's Christmas Cake, or even when driving the morning after a night out.

      Now there are further restrictions like not being able to have more than one passenger after a certain time of night (11pm IIRC). So now if five people want to go to a party they require 3 inexperienced drivers on the road to remain legal. Then they point to statistics showing that provisional accidents have increased as evidence as to why these measures were necessary, well no shit when you've increased the number of provisional drivers.

      One provisional driver with a blood alcohol reading of 0.02 (or 0.05) sounds safer to me than 3 provisional drivers who haven't been drinking, after all, lack of experience is the problem, not a ridiculously low level of alcohol.

    72. Re:"code" is probably in the hardware by mycall · · Score: 0, Troll

      What most people don't know is that you can refuse to take the breathalyzer test. Doing so gives you an automatic offense but doesn't give you a DUI. Same goes with jury nullification. They want to keep you dumb and scared and thus a bad citizen. Hypocrates.

    73. Re:"code" is probably in the hardware by ColaMan · · Score: 1

      I've lived in several places where a police report that you failed a 40 degree Nystagmus test can put you in prison. No blood test, breathalyzer, etc. needed.

      Which kind of sucks for you, I suppose.

      Another Australian here. It's pretty clear cut in our legal system. There's a 0.05% blood alcohol limit. Under that, you're fine. Over that, your license is suspended for 24 hours and you're going to court in a few weeks. It's a 30-second test, get waved over to the side of the road, get the spiel :

      "This-is-a-random-breath-test-my-name-is-X-have-yo u-had-any-drinks-recently-please-blow-into-the-mac hine."

      And if you're below 0.05, you're off again. If you're over 0.05, a blood test is taken for "proper" evidence. If you've just put your beer between your knees before pulling over :-P, tell them and they'll let you sit there for 15 minutes to get the residual alcohol out of your mouth before blowing, so it doesn't skew the detector and you don't have to draw blood for no good reason.

      I dunno about sobriety tests, I've never seen them in actual use - what do they involve?

      --

      You are in a twisty maze of processor lines, all alike.
      There is a lot of hype here.
    74. Re:"code" is probably in the hardware by Gavin+Rogers · · Score: 1

      That's why blood tests are used in many jurisdictions after a fatal accident where alcohol or drugs are suspected. It could be the difference between someone being convicted or not of a crime like manslaughter or murder, and they're not going to rely on the results of a handheld breathaliser as proof.

    75. Re:"code" is probably in the hardware by Gavin+Rogers · · Score: 1

      I've posted this type info before...on other stories, but, depending on the state you are in, if you know you're gonna blow over the limit....refuse ALL tests...don't blow anything, don't give blood.... Depends. Where I live even refusing a breath test is an instant fail, thanks for coming. (Ok, so they can't do you for DUI but the penalty for "refusing sample of breath/blood" is just as bad)
    76. Re:"code" is probably in the hardware by karmatic · · Score: 1

      but this issue is very simple: drink or drive, not both.
      My point is most certainly not that drinking and driving is acceptable; rather, the law should be very specific, and should be enforced exactly as written. The evidence should be proper, and the government should be able to show beyond a reasonable doubt that the person violated said law.

      If the legal limit needs to be raised or lowered, fine, but we shouldn't abuse bad evidence to do an end-run around the judicial process.

    77. Re:"code" is probably in the hardware by mvdwege · · Score: 1

      You forget one thing: you are not alone on the road with nothing to worry about but that line. The moment I see a car creeping over that line on an intersection, I am presented with a choice: did he just overshoot his braking, or is he planning to run the intersection?

      By not respecting the markings on the road, you are making driving difficult for everyone else. But we're not allowed to say anything about that? Fuck you, asshole.

      Mart
      --
      "I know I will be modded down for this": where's the option '-1, Asking for it'?
    78. Re:"code" is probably in the hardware by mvdwege · · Score: 1

      There are plenty of times where I am going the speed limit, and the light goes yellow. If I stop, I will stop in the intersection. If I continue at current speed (the limit) I will be 1/4 the way into the intersection when it goes red. Oh and if the road is the least bit wet? forget it. I'm probably going slower now, so it WILL be red before I enter, but there is no way to stop in time.

      So? You know you do have another control available, right? Just hit the gas. If safety is your overriding concern here, then a minor speed limit violation is preferable if that creates a safer situation, i.e. running a yellow instead of a red.

      Mart
      --
      "I know I will be modded down for this": where's the option '-1, Asking for it'?
    79. Re:"code" is probably in the hardware by digitalunity · · Score: 4, Interesting

      I can tell you 100% this is true. I received a DUI for drinking 3 coronas in January in Washington state. I passed my field sobriety test with good marks, yet being a dumbass I volunterred to take a portable breathalyzer test yielding a .085% BAC.

      When I got back to the station to take the real breathalyzer, I brought to the attention of the police officer that the breathalyzer I was being tested on had a 2 year old calibration sticker. He said, and I quote "oh don't worry these machines are accurate to 10%!". Long story short, it said my BAC was .089% which was complete bullshit. How does 3 beers in 3 hours get someone to 0.089%!?!

      The police will lie to your face so you think you're going home, write down what is necessary to create probable cause(1) and screw you while you smile. What do you expect from a state that pulls in $800k a month from DUI fees and I'm sure many times more than that in corrections fees?

      1) I was pulled over for having a cracked tail light. I volunteered to do a field sobriety test including walk & turn, 1 leg stand, HGN. Walk & turn, I did flawlessy, state patrolmen even admitted it. One-leg stand, I made it to 45 seconds and only put my foot down once. The policeman wrote in his checksheet that I used my arms to balance myself and in the notes field wrote that I also kept my hands in my pockets because it was cold. ...? HGN is supposed to last 20 seconds max as outlined in NHTSA recommendations. The patrolmen kept the HGN test going for over 60 seconds, then wrote that I was showing signs of attention deficit due to intoxication because I took my eyes off the pen to look at him in bewilderment and ask if we were done yet. Judge says state patrolmen don't have to follow NHTSA recommended practices for administering field sobriety tests and the WSP are trained to administer the tests as best they see fit.

      Long story short... If you get pulled over and you have had even 1 drink, say these works: "I respectfully decline to provide any type of field sobriety test to you at this time. If you desire, I can accompany you to the nearest station for a breathalyzer as agreed when I received my drivers license."

      At that point, they must decide if their probable cause is worth the pain in the ass you are being. Although another recent story on /. seems to imply it doesn't even matter if you're right, you might get arrested anyway. WSP sucks, WA state corrections sucks, District of Clark County sucks. Disclaimers of course, IANAL, ymmv, don't drink & drive, bury the lawyers, etc.

      --
      You can't legislate goodness. Let each to his own destiny, by will of his freely made choices.
    80. Re:"code" is probably in the hardware by X0563511 · · Score: 1

      No point. At the speed I'm going at said intersection (50 miles/hour) I will be in and out of the intersection before the other traffic react to the green light.

      It's the idea that I could get pulled over for it, that I find wrong; damned if you do and damned if you don't.

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    81. Re:"code" is probably in the hardware by digitalunity · · Score: 1

      if you can, you do. If you can't, you don't

      There was an old intersection a few miles away from me that would make you think twice about this. It was on a state route(basically a highway with stop lights every 1-2 miles). Until the state built a bridge and converted the 4-way stop light into a diamond interchange, it had the highest fatality rate of any intersection in the state. This was due to the excessive speed of the average driver, short yellow lights and drivers who weren't aware just how fast the lights go from green to red at this intersection.

      --
      You can't legislate goodness. Let each to his own destiny, by will of his freely made choices.
    82. Re:"code" is probably in the hardware by Jon+Howard · · Score: 2, Insightful

      I don't want this to sound like a personal attack, because I'm sure you just haven't carried this logic through to all the edge cases. Let me point out the flaw in your argument: drink how much, and over what interval? I'll agree readily that if you have 10 drinks in 2 hours, you probably shouldn't be driving. Well, unless you're several hundred pounds, had a full stomach, and drank a lot of water during that interval... then who knows. That aside - what about 1 drink with a meal? Is that a deal-breaker? What about 5 drinks, 4 hours ago? 6 hours ago? 48 hours ago? One drink every 4 hours over the course of a day? With or without supplementary hydration? These scenarios all lead to differing degrees (possibly 0) of impairment, and the only sane way to quantify what's acceptable is an objective test. That's what the BAC reading is about. Now, getting that reading accurately, and deciding what a fair level of impairment is before one presents a credible hazard... those are the parts we could still stand to work out. Knowing that you won't be busted for being over the legal limit if you went on a bender a month ago, and only chose to drive tonight.. well, that's what we call "reasonable"

    83. Re:"code" is probably in the hardware by iamacat · · Score: 1

      If you rush through when you see the light just turn green, you should get a ticket instead of the guy who overshoots the line by a foot. You were either stopped at the red light, or should have slowed down when you saw that a nearby light is red. If you end up in an accident who should be blamed - a guy who was wrong by a split second or the driver who had ample chance to exercise caution?

      There are valid reasons to slightly overshoot a line. Perhaps you are driving a rental that has very different braking characteristics from your regular car. Maybe the car behind you was going to hit you and hurt your passengers if you braked hard.

      Bottom line is, either yellow light duration should be ample for a decent driver and standardized nationwide or we should rely on drivers to make sure cross traffic stopped when the light turns green.

      Nothing that would demand inspection of camera's software here though.

    84. Re:"code" is probably in the hardware by iamacat · · Score: 1

      Shouldn't you be asking for traffic light schematics instead of camera's firmware then? As for doctored photos, you should have some evidence to raise this accusation. TFA is talking about a more likely case of unintentional errors.

    85. Re:"code" is probably in the hardware by joss · · Score: 1

      So - is the station breathalyzer more accurate, did they test you on that, what was your reading ?
      Also, when you refuse to take field sobriety test, does that mean refusing the "roadside olympics"
      and/or the mobile breathalyzer test ? Is that allowable in all states or just Washington ?

      --
      http://rareformnewmedia.com/
    86. Re:"code" is probably in the hardware by mvdwege · · Score: 1

      No, you were whining that you couldn't stop in time. I pointed out that there was another solution to your problem. But as you are so kind as to clarify, you were merely whining.

      Mart
      --
      "I know I will be modded down for this": where's the option '-1, Asking for it'?
    87. Re:"code" is probably in the hardware by joss · · Score: 1

      Ummm, maybe you shouldnt be driving full speed in a heavy vehicle coming up to a traffic light.
      Its up to the driver to be able to handle stopping in time at an intersection, and the maximum
      amount of time you should be able to do that in is not determined by how long the light
      is yellow, its determined by how long it would take to spot someone else on the intersection
      who wasnt supposed to be there.

      So, depends on the intersection, visibility etc, but just how short is the yellow where you are ?
      - unless its seriously short I think you're pushing things slightly.

      --
      http://rareformnewmedia.com/
    88. Re:"code" is probably in the hardware by joss · · Score: 1

      Dude, the morning after a good night out when I was a student,
      I could have blown a .10. Luckily I never really felt like going
      anywhere under those circumstances

      --
      http://rareformnewmedia.com/
    89. Re:"code" is probably in the hardware by scott_karana · · Score: 1

      At the same time, when the majority directly influence the government into doing disgusting things (interring the Japanese, among other things), nothing can protect those victims from tyranny.

    90. Re:"code" is probably in the hardware by BeeRockxs · · Score: 1

      3 beers in 3 hours should be plenty for 0.089%, depending on the size of the bottle. If it's 0.5 liters, you get easily to that percentage, 0.33 liters is also quite probable. How much alcohol does this Corona you speak of contain?

    91. Re:"code" is probably in the hardware by ProfBooty · · Score: 1

      its about 350ml and 4.5% who knows how much this guy weighs though

      --
      Bring back the old version of slashdot.
    92. Re:"code" is probably in the hardware by Anonymous Coward · · Score: 0

      "I respectfully decline to provide any type of field sobriety test to you at this time. If you desire, I can accompany you to the nearest station for a breathalyzer as agreed when I received my drivers license."
      If by this you of course mean,

      "Dear Washington State Patrolman, I refuse to allow you to administer a roadside breathalyzer test and hereby surrender my driver's license and request that you arrest me until such a time that my charges may be properly adjudicated."
      Seriously, that's about the worst advice short of "Driving drunk should be discretionary. Only you know when you're too drunk to drive." Washington State has longstanding legislation about refusing a breathalyzer. It's part of their ZERO TOLERANCE campaign. I would discourage finding out exactly what it is. At least not by taking that route.
    93. Re:"code" is probably in the hardware by mrchaotica · · Score: 1

      (a measurement of airflow in the usual sense would not, as far as I can see, be useful as baseline)

      How else is the machine going to tell if the suspect is actually blowing into it (as opposed to just putting it in his mouth and breathing through his nose), then?

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    94. Re:"code" is probably in the hardware by daeg · · Score: 1

      The laws are fine and even reasonable. Well, some of them. I don't know about your neck of the woods, but here in Florida they do "checkpoints". They effectively pull over everyone and supposedly can legally detain everyone and force Breathalyzer tests (or blood work if you choose). They do it on any and every road, including Interstates.

      My point was more that the analyzers have never been openly examined and that we have a full right to examine things that can condemn us, even if we are guilty. I'd rather know for sure that they work or don't work and address the problem.

    95. Re:"code" is probably in the hardware by WedgeTalon · · Score: 1

      If you hit the brakes to try and stop, and fail, then you've failed to correctly predict your car's braking distance - another basic skill of driving. You should have kept going

      What if by continuing to go, you would have run the red light? Should you still keep going? Or should you attempt to stop and be slightly past the line?
    96. Re:"code" is probably in the hardware by FireFury03 · · Score: 1

      It really depends on the person. I'm in favor of "walk a line" style of tests. I don't care if you've had 100 beers if you can walk in a straight light, are in control of your faculties, and can drive as well as you could sober.

      The "walk a line" tests don't test your reaction times. I know from experience of playing games requiring fast reactions that 30 minutes after drinking a pint of european lager with my lunch my reactions are slower, yet I would still pass both the "walk a line" tests and the breathalyser.

    97. Re:"code" is probably in the hardware by Anonymous Coward · · Score: 0

      > Example: Where do you drive that has a 65MPH speed limit leading up to a stop light?

      Try Austin, Tx. The road I take home has several stop lights and is under construction. Posted speed limit is 60-65MPH with around a half-dozen stop lights for at least the 15 miles I stay on that road.

    98. Re:"code" is probably in the hardware by bleh-of-the-huns · · Score: 1

      Well, if you remove the tinfoil hat.... The yellow light times are based on the speed limit at the location and the amount of distance needed to stop. When a light turns yellow, it does not mean slam the gas pedal and rush the light... It means hit the brakes and come to a stop before the light turns red if you are over the distance for the speed limit of that intersection. Hell, here in DC.. the light will have been red for 3 or 4 seconds and traffic will still continue to run it. I am no fan of traffic cameras, however they have their place sometimes..

      --
      I came, I conquered, I coredumped
    99. Re:"code" is probably in the hardware by j00r0m4nc3r · · Score: 1

      What programming bug would you use to explain a picture with you in the middle of an intersection, red light clearly shown on the photo and drivers on the cross road edging forward after seeing a green light?

      R0m4n1an h4x0rZzzzz!!!!

    100. Re:"code" is probably in the hardware by j00r0m4nc3r · · Score: 1

      Or just think ahead

      C'mon. We're talking about humans here.

    101. Re:"code" is probably in the hardware by cexshun · · Score: 1

      Well, I have many friends in local law enforcement. This will not necessarily work. The local prosecutor had a death of a loved one due to a drunk driver. If you refuse a sobriety test, the officer simply calls the prosecutor. The prosecutor then gets a warrant to take your blood. At this point, if you refuse, it can be taken by force. So at best, this tactic gives you maybe 20 minutes to sober up as much as possible. So you lose your license for refusing a test, and you still have to take the test anyway.

    102. Re:"code" is probably in the hardware by Nos. · · Score: 1

      * Several sections are marked as "temporary, for now" So? That makes it bad?

      Generally, if I put comments in code like that, it means that I'm doing something the wrong way, or at least not the best way, and its a temporary thing to get past a hurdle and the code is not meant for production. I assume that's the case here.

      * Converters will substitute arbitrary, favorable readings for the measured device if the measurement is out of range I don't know what "favorable" means here, but I get the impression that it uses the floor or ceiling value of the actual value is out of range... and that it signals an error if there are too many such values.

      Yes, that's exactly what it does, and that is the wrong way to do things. If you detect an out of range value, then report that, don't put it "in range" and give no indication that something is wrong.

      * The software takes an airflow measurement at power-up, and presumes this value is the "zero line" or baseline measurement for subsequent calculations. No quality check or reasonableness test is done on this measurement So they assume no one is breathing into it while turning it on. While I wouldn't object to adding a "reasonableness test", in what situation is this going to be a bad assumption?

      Suppose that the officer turns the device on right in front of the suspected driver. The device picks up his breath and puts baseline significantly higher than it should be. Then when the suspect does blow, the reading is way out of whack.

      Yes, the FDA and FAA tests may be overkill for such a device, but its painfully obvious that this thing hasn't even gone through the most rudimentary logic checks, let alone proper unit testing.

    103. Re:"code" is probably in the hardware by TheVelvetFlamebait · · Score: 1

      I don't want this to sound like a personal attack, because I'm sure you just haven't carried this logic through to all the edge cases. Let me point out the flaw in your argument: drink how much, and over what interval?
      You've just pointed out why an arbitrary limit is enforced: so that you have benefit of the doubt. It's not so hard. After a certain number of drinks, after a certain time period, it's probably safe to drive. If you want more information, google it. There are plenty of informal studies out there that have tested the effects of drinking over time, and I'm sure some of them factor food. But as a rule of thumb, wait at least until the morning after, maybe more if you were particularly smashed. Perhaps consider purchasing a breathalyser if rules of thumb make you nervous.

      In short, it's about as much of a flaw as scientists telling the population to eat less or go out in the sun more. It's all about moderation, and knowing exactly how much to moderate by.
      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
    104. Re:"code" is probably in the hardware by TheVelvetFlamebait · · Score: 1

      I understood your point, and in most cases I'd agree with you. The law should be written very clearly and precisely. Imprecise laws basically mean that whether or not you are guilty is determined by how much your lawyer costs. That said, the laws are clearly written. They don't say "if the person is too drunk to drive..." or whatever, they say "if the person blows over [insert regional hard limit here] BAC...". However the response of people should not be "Am I over the limit?" or "How many drinks can I have and get away with it?" or even "I wanna know exactly how accurate these breathalysers are!" It should be more like "I should probably order a taxi". In a way, this breathalyser stuff is beside the point. It detracts from the original message of the law which is don't drink and drive.

      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
    105. Re:"code" is probably in the hardware by exi1ed0ne · · Score: 1

      That's what the law is intended to do: to stop you from driving after good night out.

      I really, really hate this argument - Law doesn't prevent anything. It is an after the fact punishment with no capability whatsoever to stop an action. I really wish more people realized that Law isn't panacea.

      --
      Pessimists.net - as if life wasn't depressing enough.
    106. Re:"code" is probably in the hardware by Anonymous Coward · · Score: 0

      I'm sorry, but even given this is all theoretical, you're completely off-base. Common knowledge says your body processes about 1 drink per hour; I was taught that in health class. Want more evidence? Anecdotal of course, but I once had 4 beers in under 2 hours and i got a .07 on a breathalizer. I weigh about 150.

      More evidence? Try this website: http://www.ou.edu/oupd/bac.htm
      I entered 3 drinks, 3 hours, and weight of 160 (I'd say thats on the low side of average for a man). It says BAC should be at about a .02 - how would that be anywhere near a .089?

      And to add my two cents as far as getting pulled over for DUIs - IANAL, but I did ask a criminal defense attorney in a college town who has plenty of experience to give me his advice. He said the following: comply with the officer's request if you think you probably are close to the legal limit. If you do this, even if you end up over, you'll probably get leniency in court. If you know you're way over, and shouldn't have been driving at all, keep the window partly rolled up - maintain that you haven't been drinking - and if the officer asks you to step out of the vehicle or take any tests, say you don't think thats necessary. The main thing to remember is ANYTHING you do, including a sobriety test of any kind, is going to provide the officer evidence against you which will come out in court. If you simply refuse to comply, you may lose your license for 6 months or whatever depending on state law, but you have a good chance of beating the DUI charge.

      I also know quite a few people who passed field sobriety tests only to get nailed by the breathalizer... If I ever pass the field sobriety test, I'm refusing the breathalizer. Those things are horribly inaccurate per the article and everything else I've ever heard/read.

    107. Re:"code" is probably in the hardware by cayenne8 · · Score: 1
      "The prosecutor then gets a warrant to take your blood. At this point, if you refuse, it can be taken by force. "

      I know things vary a great deal between states, but, I have serious difficulty in believing that they can force you to undergo an invasive (needle in the arm) medical procedure against your will. I'd think a lawyer would have a field day with that one......and get any evidence of that thrown out. Drawing blood is not like a DNA swab of the mouth.

      I believe I know of one recent case where a guy refused blood test on religious reasons (I think it was on slashdot even)...but, if there is no wreck, no injury, I seriously doubt that they can foreably restrain you, hold you down and stick a needle in you to draw blood. If they did, I'd think a good lawyer would get that thrown out.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    108. Re:"code" is probably in the hardware by cayenne8 · · Score: 1
      "When a light turns yellow, it does not mean slam the gas pedal and rush the light... It means hit the brakes and come to a stop before the light turns red if you are over the distance for the speed limit of that intersection."

      If you try that in any cities I've ever lived in...you will get rear ended by 3+ cars assuming you'd do the 'normal' thing...and try to speed up to make it through the yellow.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    109. Re:"code" is probably in the hardware by Anonymous Coward · · Score: 0

      I know you are going to be upset but....

      It's a good thing you were pulled over and cited before you had a chance to potentially injure or kill someone else on the road. Inebriated people are normally not in a position to judge their own level of impairment.

      The proper course of action would have been not to drive your car after imbibing.

    110. Re:"code" is probably in the hardware by WNight · · Score: 1

      What about if by driving more slowly next time, you could avoid having to give us such contrived thought problems?

      Thought I would agree that if many people get caught by the red light, we should, for obvious reasons, increase the length of the yellow.

    111. Re:"code" is probably in the hardware by cexshun · · Score: 1

      Actually, according to the American Prosecutors Research Institute

      Generally, following the lead established by the United States Supreme Court, state courts have held that there is no constitutional violation if the blood is taken pursuant to a valid search warrant or as an exception to the search warrant requirement, i.e., exigent circumstances or search incident to a lawful arrest. Schmerber v. California, 86 S. Ct. 1826 (1966).

    112. Re:"code" is probably in the hardware by Sandbags · · Score: 3, Informative

      um, if you did the walking test flawlessly, why did the cop even ask you to do a breathalyser? The process for using one has to be documented, there are costs involved in replacing the breathing tube used, and more. For a 0.085, it's so close it's almost not worth it, and in most cases, by the time you got to the station and did another breathalyser, normally the number would go down not up. Cops know this, and also know that if they drag you in and you pass, there's typically hell to pay.

      That said, some people can ping 0.080 after only 1 drink, about 40 minutes after finishing that drink. If you had just finished your 3rd beverage, got in the car and then got pulled, after 3 drinks you could easily have been 0.08+. That fact that a second Breathalyzer confirmed this means you were guilty. Also, start counting the 3 hours from a point about 15 minutes after finishing the first drink, not from the time you got to the place to start drinking... You might see a different picture entirely there.

      If you have even a half-assed lawyer, and you bothered to get the ID numbers of both breathalyser used, and both had not been calibrated withing their required term (or failed calibration testing) then you would be let go without a fuss. My guess, at least one of the 2 units was within normal parameters or would pass calibration anyway, and thus be admissible in court.

      Fact is, at 0.08, you're impaired enough for it to be easily detectable in visual and reaction simulators. In fact, many states are arguing, based on scientific evidence, that this should be lowered to 0.06 as there is noticeable impairment at even that level. 0.06 means if you have 1 drink, 90 minutes later you could still fail.

      As for NHTSA recommendations on field testing, that's it, they're recommendations. Officers are expected to use their own best judgment on how to test a person. The NHTSA is more concerned with the type of test and teaching officers how to recognize signs of intoxication. On the other hand saying "Are we done yet?" probably just pissed him off...

      If you have 1 drink, you're probably OK, more than 1, you're at serious risk for DUI. Also remember, Corona is slightly stronger than say Bud Light. A Guiness is nearly twice as potent. A glass of wine is supposed to be 4 ounces, and is measured at 10% abv, but find me a restaurant that doesn't pour at least 6 oz glasses with 11-15% wine...

      Some foods can accelerate or slow the absorption as well. The first drink probably went right through you, but if you were eating food during the second and third rounds, both of them may have entered your system concurrently through digestion.

      Lessons learned here: 1, don't drive with a cracked tail light (and always use turn signals). 2, accept the field test, but decline the breathalyser. If you did bad enough on the field test, you'll go to jail anyway for a breathalyser or blood test, but if you're clean, you're OK, unless you piss off the cop or have a bad day. At the station, refuse a breathalyser and respectfully request a blood test on the grounds that it is more accurate. (if you failed a street sobriety test already, this might buy you a night in jail while you wait for results, but again, if you're clean, there's no worry) 3, never say "are we done yet" to a cop. Be polite, never act like you're in a rush. (and know his rank! This goes a long way!!!) 4, don't drink and drive... (drink at home, it's cheaper!) 5, if the calibration sticker is out of date, refuse the test and demand to have a supervisor come to the roadside site (it's your right to do so, though he may choose to bring you to the supervisor instead. this also goes for speeding tickets if the radar was not calibrated immediately before you were clocked with a tuning fork displaying a matching serial number to the radar). The more you know about the requirements the officer must display in the courtroom, the less likely you are to get a ticket. 6, have all your paperwork (registration, insurance, etc) neatly file

      --
      There is no contest in life for which the unprepared have the advantage.
    113. Re:"code" is probably in the hardware by karmatic · · Score: 1

      At the same time, when the majority directly influence the government into doing disgusting things (interring the Japanese, among other things), nothing can protect those victims from tyranny.

      That's largely, though not entirely, true.

      With regards to the Japanese, we used census data to tell where to go round them up. Had this information not been available, it would have been much harder to do this. Furthermore, given the more rapid spread of non-censored information (the internet, SMS, etc.) - it would be much harder to just show up one night and get them all. If the United States were to it again, or were to persecute any other group for their race, I (and others) would be willing to do what I could to help undermine the illegal, immoral acts. I believe, and can only hope, that I would have been strong enough to do the same in the Nazi era as well.

      Finally, there's the "second amendment" fallback. It's a lot easier to commit tyranny towards a group when you don't have to worry about dieing for trying it.

      Realistically, there is a time and a place for the law, and a time and place to undermine it. In general, the majority can be counted on to do what's right; we just need to avoid the "tyrrany of the majority" that can occur.

    114. Re:"code" is probably in the hardware by Marxist+Hacker+42 · · Score: 1

      if you like to have a drink out at all

      And there's the real point to me. This is why I NEVER drink from anyplace more than an elevator ride away from bed. Hotel bars are your friend, as is homemade beer at home.

      --
      SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
    115. Re:"code" is probably in the hardware by Anonymous Coward · · Score: 0

      Example: Where do you drive that has a 65MPH speed limit leading up to a stop light? South Mopac, Austin, TX. There is a light at the Slaughter intersection and a light at the La Crosse intersection. Speed limit 65MPH.

      http://maps.google.com/maps?f=q&hl=en&geocode=&q=A ustin,+TX&ie=UTF8&ll=30.193249,-97.871919&spn=0.02 4148,0.025148&z=15&om=1
    116. Re:"code" is probably in the hardware by Marxist+Hacker+42 · · Score: 1

      It can when knowledge of that inaccurate number throws your testing device into serious doubt.

      --
      SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
    117. Re:"code" is probably in the hardware by dfghjk · · Score: 1

      Ignoring the fact that being in an intersection on a red light is not against the law and that the behavior of other drivers is entirely irrelevant, proof that the image was actually taken and unaltered would be nice. More important would be the functioning of the light system itself. It is well known that intersections using photo enforcement frequently short cycle the yellow in order to increase the violation rate. Considering that there are legal minimums for the duration of the yellow phase, I'd consider that extremely interesting.

    118. Re:"code" is probably in the hardware by jwo7777777 · · Score: 1

      "whinging"?

      WTF word is that? Trying to spell "whining"?

    119. Re:"code" is probably in the hardware by j-pimp · · Score: 1


      >I've heard of people being 'caught' for simply being a foot past the stop line.

      Over the line is in the intersection, or in the crosswalk.

      You've never had your toes broken playing darts in a rowdy pub, have you?

      Over the line is over the line. You ran the light.

      I'd be more afraid of the taxi driver that just rear ended you, considers it your fault and is coming at you with a tire iron, then whoever you were playing darts with. The taxi driver has more money at stake than people involved in the dart game do. And BTW, in NYC I would consider it your fault if you stopped for a red and got rear ended. What works in one culture does not work in another.

      When I play darts I keep my toes behind the line. When I drive on the highway and a cop is doing 80mph I do 80mph at a respectable distance behind him. When I see a light turn yellow there are several factors besides speed, and road conditions that determine my decision. The traffic behind and in front of me, the types of cars surrounding me (I'm running it if the car behind me is a taxi), etc etc. I'm usually looking 2-3 lights ahead of me in an urban area, and if I'm approaching a red light with cars stopped, I will select the lane that will get me over the line quickest.

      --
      --- Justin Dearing http://www.justaprogrammer.net/ We're just programmers.
    120. Re:"code" is probably in the hardware by LordVader717 · · Score: 1

      O.08 is a noticeable impairment, and when driving it is a serious issue. You're impaired even before you start to perceive it yourself.
      Even a minor impairment is seriously dangerous when you're cruising around at 50mph in a two ton chunk of metal.

      Of course, like with anything else, there are huge differences between different people, and there are people on the road who are worse drivers than a capable driver with 0.08, even when sober.
      But you have to draw the line at some point.

    121. Re:"code" is probably in the hardware by triskaidekaphile · · Score: 1

      Why stop there? Extrapolating from those 10 lessons, we can make 15:

      Lesson 11: Do not drive ANY vehicle (car, truck, plane, boat, bicycle, etc.)
      Lesson 12: Do not stand out in a crowd.
      Lesson 13: Do not challenge authority.
      Lesson 14: Do not upset the established social order.
      Lesson 15: Do not attempt to exercise your so-called "rights".

      --
      @HbFyo0$k8 tH!$
    122. Re:"code" is probably in the hardware by oliphaunt · · Score: 1

      I am not your lawyer. If you are driving a car, the police are ALWAYS your enemy.

      --




      Humpty Dumpty was pushed.
    123. Re:"code" is probably in the hardware by Anonymous Coward · · Score: 0

      Here, Mr Clever:

      whinge (hwnj, wnj) pronunciation
      intr.v. Chiefly British., whinged, whinging, whinges.

      To complain or protest, especially in an annoying or persistent manner.

    124. Re:"code" is probably in the hardware by Anonymous Coward · · Score: 0

      > Example: Where do you drive that has a 65MPH speed limit leading up to a stop light?

      The Saw Mill River Parkway[1], in New York:

      The Parkway cannot be considered a limited-access freeway because it has occasional stoplights and at-grade interchanges; despite this, the road maintains a high speed limit for most of its length.

      [1] http://en.wikipedia.org/wiki/Saw_Mill_River_Parkwa y

    125. Re:"code" is probably in the hardware by LordVader717 · · Score: 1

      Considering that driving while impaired is an offence regardless of what your Blood alcohol is, it's best just to keep cautious. Even if your body has processed all the Alcohol in your blood, you can still get busted for being unfit to drive.
      If you've got a hangover, simply don't drive. If you're tired, don't drive. And if you've had anything more than a couple of drinks, it probably isn't a good idea to be driving either. (and it's no use pushing yourself just enough to stay under the limit. That's a game you just can't win)

    126. Re:"code" is probably in the hardware by Arterion · · Score: 1

      Well, I'm not saying that actually walking a line is the best way. But something that actually tests whether or not you're intoxicated, as opposed to your blood alcohol. Plus, these types of tests could catch others things: being too sleepy to drive, being on prescription medicines that interfere with your reaction times, etc.

      --
      "That which does not kill us makes us stranger." -Trevor Goodchild
    127. Re:"code" is probably in the hardware by bishiraver · · Score: 1

      i'm so glad I can hop on the subway to get home from the bar :) Or get a cab.

    128. Re:"code" is probably in the hardware by LuSiDe · · Score: 1

      I know I'm going to be torn apart limb by limb by the modders out there, but yes, you're right. The hard limit isn't really the point. Do you think people are suddenly dangerous over 0.05 (or whatever the limit is in your neck of the woods)? The point is that you've been drinking before you've been driving, and you really shouldn't have been doing that. That's what the law is intended to do: to stop you from driving after good night out. It's negligent, it's potentially dangerous, and it sets a bad example for others. If you're really only 0.04, the limit's 0.05, and you read over it, I'm sorry that such a miscarriage of justice happened. However, it really wasn't a good idea to drive in the first place, now was it?
      What the law intends to do in this case is not to stop you from driving after you after good night out. What the law intends to do is set a limit of tolerable alcohol in your blood; in this case its zero tolerenace. Whether that is a good limit or not is up to debate; I, for one, beg to differ.

      First of all there is the issue of alcohol leaving the bloodstream. The speed of this differs, but what I've learned is the following: approx one glass is removed after 1,5 hours. So if you've been a heavy drinker last night you might still have alcohol in your bloodstream the next morning. I'm sure you're able to see the problem this creates with a zero tolerenace rule?

      Now, the some people can be stoned while driving (some drive better then because they have less chronic pain) while others cannot. Some people can have a little bit of alcohol (I'm not talking about 'drunk' here), others cannot. Some people can read a map while driving while others cannot. Some people can have a conversation while driving, others cannot. Some people can listen to music while driving while others cannot. Some people can have a blowjob while driving, others cannot. Some people can use (certain) medications while driving while others cannot. Some laws in some countries/states allow a little bit of alcohol, some don't. And so on, and so on. Did I mention using your silly cellphone?

      You are first and foremost responsible for your own safety, but you should do the best to secure the safety of other drivers as well. This is the core of issue. The law just tries to force people's behaviour and if the law is alcohol == fine then that is pretty childish IMO, and even dangerous because there WILL be times where you will have alcohol in your blood and have to drive. What if your kid suddenly becomes ill? What if an accident happens? There are tons of scenarios possible while you had one glass of wine with your dinner (according to some diets a very healthy way of living). According to your extreme limit you're not allowed to drive. Had you driven with one glass of one in your blood before you'd be a safe driver; have you never done this before you're less safe, and with stress like in the mentioned examples surely the risks of driving are higher.

      In the Netherlands some (the better, like the one I'm following called RIS) driver license courses will teach you real-life situations like driving & breaking in heavy rain. One of those courses is driving with special glasses which are similar to having drank 8 glasses of beer. After you got your drivers license, you get a beginners drivers license for 5 years. Beginners allowed to have 0,2 promile alcohol in your blood which is less than a glass of beer. Non-beginners are allowed to have 0,5 promile in their blood. You're allowed to have a drivers license once you're age 18 or higher. So this counts for any youth younger than 22. Driving under influence of other drugs (e.g. THC, MDMA) is not allowed and the police have since begin 2007 the legal ability to test you for other drugs should they suspect you're under the influence of drugs.
      --
      WE DON'T NEED NO BLOG CONTROL.
    129. Re:"code" is probably in the hardware by Sandbags · · Score: 1

      Extreme much?

      I didn't say you couldn't be an individual, and I explicitly stated what rights you should exert. What I advised is that you not flaunt any stereotypes commonly associated with poor social taste, aggressive behavior, or a wealth of income, and also that you respect that the officer is doing a job, a relatively thankless and often dangerous job, and treat him with patience.

      Why do so many people think it's OK to get in the face of authority? Would you also threaten a drug dealer, call a black man a nigger, bring a gun into a bank? Lets think of even simpler parallels: Do you leave no tip at a restaurant you frequent and expect good service every time? Do you cut in line and expect thanks? Do you accept free drinks but never return the favor?

      Exert your rights, but only when it's not only your right to do so, but when it's JUSTIFIED to do so. Challenge authority, but only when you are prepared to deal with the potential consequences. Be nice to people, especially those who may have an impact on your life, freedom, happiness, etc. Don't flaunt your race, tastes, religion, attitude, or anything else that might be offensive unless it is your intent to offend, and again, you are prepared to deal with the consequences.

      Who gets the job: the man in a suit with a resume, or the guy in a t-shirt with his shorts hanging below his ass?
      Who gets the ticket: The patient motorist who is calm and apologizes for speeding, or the obnoxious bitch in the $50K SUV who's on the phone with her girlfriend and states she's offended that he would even "waste her time with her when he should be arresting a crack dealer" just as the cop comes to the window?
      Who gets their car searched: The cooperative guy with a clean car and a clean record, or the 22 year old convenience employee in a 30K suped up speaker on 22" chrome spinner rims who won't look the cop in the eye because of how the white man oppresses the black man and who complains openly about being pulled over "for nothun?"

      Fact is, everyone who gets pulled over should get some kind of ticket, or else what cause did they have to pull you over? Officers have "discretion" to issue a warning or polite advice instead (assuming you have valid documentation of your license, insurance, and the vehicle and your criminal record come up clean when he runs it), but it is entirely their prerogative to do so. It's best you stay on their good side. Any impression you make will likely determine the extent of your situation.

      If you dislike authority, don't complain to the worker, complain to the people who can actually change things: congress, the press, or the courts. Anything else just pisses people off.

      --
      There is no contest in life for which the unprepared have the advantage.
    130. Re:"code" is probably in the hardware by LuSiDe · · Score: 1

      Reality however has slightly different rules because there will be situations where you will have to push yourself under the limit or situations where you drank a few glasses. For the record, I'm not talking about being drunk here, this is clearly not the argument. I highly suggest people to drive drunk (artificially with glasses, or with real alcohol) on a test course (yes, a test course) together with a drive instructor. However I'm pretty sure such is not proposed by the US government or the States, and from what I've heard its incredibly easy to get a drivers license in the US. In my country (The Netherlands) its a lot harder and you learn driving only with a drive instructor who can control the car as well, but that is all for very good reasons.

      I'm pretty pro 'no alcohol' but 'zero tolerance' is the laughable other extremity. A good goal it is, but it won't be always possible. In my opinion, if we educate the youth we educate the elder whereas the youth often lack experience and aren't able to do risk analysis. So, it is for example important to educate the youth to learn to say 'no' and have one of the folks of your group absolutely clean (usually includes other drugs too), but there are people who actually _can_ win the game of having a few beers because they're good drivers. This is why people in my country (The Netherlands) get through an extensive driver license course which costs a lot of money (approx 1000-2000 EUR depending on various factors). Those who get a new drivers license get a beginners drivers license for 5 years where they're allowed to have = 0,2 promile alcohol in their blood. This is equal to less than one glass of alcoholic beverage in appropriate glass. They also get a 'points' drivers license where each offense regarding driving rules gets points, besides the fine. Too many points == license lost. After 5 years, 0,5 promile alcohol is allowed. Then, they're at least 23 years old, and probably gained a lot of driving experience (not to be underestimated!) and have experience having 0,2 promile alcohol in blood.

      Also, in The Netherlands we've had those breathalyzer apparatus for ages. In fact, I've never seen anyone having to walk a line here. We use breath out, the thing calculates, and its done. There is a legal margin (just like with speeding) which is automatically substracted and the thing will say "OK" or "not OK". You're done in 30 seconds, the cops are friendly (if you are too) and explain how it works, and you only lose a few minutes. Ofcourse they don't check daily on the same spots that'd be irritating. Also, the mouths on which you breath are one-time use, and they provide them for you.

      PS: Of importance is that beer contains COX-2 inhibitors which alleviate pain. For some people thats very important. It alleviates pain. If you're used to driving one or two beers which alleviate your pain I can guarantee you chances are high you'll drive safer than sober with pain...

      --
      WE DON'T NEED NO BLOG CONTROL.
    131. Re:"code" is probably in the hardware by Danga · · Score: 1

      Will someone with mod points mod this man up? Why is he marked as a troll when what he says is true?

      IANAL but what he says is entirely true. Unless you are absolutely certain you are under the limit (aka you have had NO alcohol, not even one drink) then ALWAYS refuse the breathalyzer. Unless you blow a 0.00 the result can only be used against you (some US states even have "impaired to the slightest degree" which means even if you are under .08 you can still get a DUI) so why provide them with that evidence? This is all based on my as well as other people I know experiences. I even have a few friends who are police officers and they have told me they would never take the breathalyzer (even if they only had one drink) and recommended I do the same if I am ever in the situation where I am asked to take one. Like mycall said you will get an automatic offense for refusing and might lose your license for a short while but that is much better than a DUI conviction which will raise your insurance rates and make you lose your license for an even longer amount of time.

      NEVER TAKE THE BREATHALYZER UNLESS YOU HAVE NOT HAD ANY ALCOHOL! (better yet don't ever drink and drive and always have a designated driver so you are never in this situation)

      --
      Hey, there is only one Return and it's not of the King, it's of the Jedi.
    132. Re:"code" is probably in the hardware by Unkyjar · · Score: 1

      I think his point was that an adult body is said to process 1 bottle of beer in one hour which is a pretty good baseline. As long as you're only having a single drink per hour your BAC should never rise above .05% at any point in time. Keep in mind that in general for this 1 bottle of beer = 1 glass of wine = 1 shot of liquor, all of which are processed in about the same time. http://www.drunkdrivingdefense.com/general/bac-com parison-over-time.htm

    133. Re:"code" is probably in the hardware by Fulcrum+of+Evil · · Score: 1

      O.08 is a noticeable impairment, and when driving it is a serious issue.

      It's minor according to all research I've found.

      But you have to draw the line at some point.

      Okay, let's draw it at .12, where it was in the first place. The great majority of drunk driving fatalities and chronic DD behavior occurs above that level. You may as well concentrate on the part that's the big problem.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    134. Re:"code" is probably in the hardware by Unkyjar · · Score: 1

      And that is why I don't drink and drive, LSD is much more fun to drive on anyway.

    135. Re:"code" is probably in the hardware by digitalunity · · Score: 1

      Sorry for the late reply, I had court this morning >

      The patrolmen asked me to do a breathalyzer because he said I appeared obviously intoxicated, which he based on my visual appearance of bloodshot and watery eyes. It was 31 degrees(F) outside, of course my eyes were watery. My bloodshot eyes were from being tired, that's why I was leaving the bar; I was going home to eat dinner and go to bed. Portable breathalyzers are known to be inaccurate, that's why the PBT and the BAC on the real machine didn't match. That's also why PBT's aren't court admissable.

      My lawyer was a douchebag, interested only in settling it with the prosecutor to a negligent driving plea deal. He didn't want to go to trial since that was less money for him. He did everything he could to talk me out of trial, spouting off all of the consequences that were anticipated in the case of a guilty verdict. Never did he consider that the probable cause was lacking and the breathalyzer results were likely faulty.

      In the end, going to trial to prove my innocence wasn't even an option. I work Monday through Friday, 8 to 5 and my county doesn't offer DUI court proceedings through night court. My options were 1) Settle or 2) lose my job, my apartment, and possibly my freedom. Prosecutors in my county are very quick to push Neg 1 settlements because you get the same legal penatly as far as fines and treatment goes and offenders are happy they don't get a DUI on their record. This is also a good place to note, for people who don't know, a settlement deal for negligence instead of DUI still counts as a prior conviction with respect to future DUI charges. In other words, if I were to ever get another DUI(unlikely) I would face a harsher sentence than a first offender because of my pleading guilty to negligence.

      1) Yes, I knew the taillight was cracked. No, I didn't think this was a primary offense.
      2 & 3) I kinda pissed the cop off during the HGN test by asking him if we were done. Note to self, stfu while talking to police.
      4) 3 beers in 3 hours? dunno about the bars where you live, but around here that's pretty low.
      5) I should have refused, but I was being a nice, polite and compliant citizen.
      6) Check
      7) Check
      8) Check
      9) Check
      10) My license was suspended late last year and I didn't even know it. I had received a ticket, paid it late, called to confirm no additional fees were required(which they confirmed) and the courthouse subsequently applied the late fee and reported me as a non-payer to the DOL. How fucked up is that?

      Regarding the other comments, here's some information for people who don't know. I've had a lot of spare time to read up on DUI laws.

      In all 50 states...
      You CAN refuse all types of field sobriety tests, including the portable breathalyzer test.
      You CANNOT refuse to perform a breathalyzer at the station without losing your driving priveledges, typically for 1 year.

      Also, Corona is a light beer similar to coors light or bud light, for those who do not know. Three 12 ounce light beers in 3 hours for someone who weighs 175 pounds should place someone around the .04% - .07% range according to the charts I've read, depending on stomach contents and even how recently my last cigarette was smoked.

      Regarding NHTSA recommendations, I performed my one leg stand test on a 30% grade(poorly constructed drainage strategy of a parking lot). That alone should invalidate my placing one foot on the ground to balance myself midway through this test. Uneven or unstable footing is a common reason for losing your balance during this test. The HGN test is meant to be short because results can be obtained within the first 10-15 seconds of the test. Anything over about 30 is an exercise in futility; if you aren't sure after 30 seconds of an HGN test, it's time to cut 'em loose.

      Cops know how to administer these tests, and if they don't want you to pass, you won't. That's why it is just better to say "no" to all of them with exception of the properly calibrated and court admissable breathalyzer at the station.

      --
      You can't legislate goodness. Let each to his own destiny, by will of his freely made choices.
    136. Re:"code" is probably in the hardware by Slashdot+Parent · · Score: 1

      um, if you did the walking test flawlessly, why did the cop even ask you to do a breathalyser? A common misconception regarding Field Sobriety Tests is that the officer is trying to determine if the driver is drunk or not, and that if you are sober, you will pass an FST.

      In reality, the FST is used to help the officer establish probable cause to arrest you. It is also used to make you look silly on camera doing awkward acrobatics, and the video will be used against you at your trial.

      If a cop ever asks you to do an FST, chances are he has already decided to arrest you. Your best bet is to refuse the FST and ask for a lawyer. You're gonna need one.

      Most states have an implied consent law, so you shouldn't refuse a blood/breath test. But the FST? Don't waste your time. The only difference between taking an FST and not taking an FST is 20 extra minutes before the handcuffs come on.
      --
      They don't grade fathers, but if your daughter's a stripper, you fucked up. --Chris Rock
    137. Re:"code" is probably in the hardware by triskaidekaphile · · Score: 1

      Fact is, freedom of speech allows me to complain here. It also allows me to say things that piss people off.

      What you are describing is that law enforcement selectively exercises its authority in a biased fashion. Some of that bias has backing by law (dirty record), and some of it does not (dirty car). Those of us with clean records and dirty cars are therefore being denied "equal protection of the laws." (U.S. Constitution, Amendment XIV, Section 1)

      So my dirty car gets me a ticket. Perhaps worse if I challenge authority, even if I am justified. Challenging authority always has consequences, all of them being the deprivation of life, liberty, or property -- whether justified or not.

      Sure, being nice to people usually takes you a lot farther. Playing nice only gets you a small short-term gain at the cost of a huge long-term loss.

      --
      @HbFyo0$k8 tH!$
    138. Re:"code" is probably in the hardware by Anonymous Coward · · Score: 0

      The moderation here recently has totally gone to pot. I can only imagine that a load of teenage Digg refugees have got mod points.

    139. Re:"code" is probably in the hardware by TheVelvetFlamebait · · Score: 1

      You are first and foremost responsible for your own safety, but you should do the best to secure the safety of other drivers as well. This is the core of issue. The law just tries to force people's behaviour and if the law is alcohol == fine then that is pretty childish IMO
      It's true everyone is different, and everything (illegal or not) affects everyone's ability to drive differently. That said, that can't be enforced by law. It's either everyone or no-one gets the restrictions, so the government has to find the "best fit" driving guidelines. They've determined that the average man can be devastatingly affected by large amounts of alcohol in his system, and so they've applied a limit that can be enforced. Some people may not be dangerous at that point, but that's not the point. The point is that next to no-one will be dangerous because of alcohol if they stick within the limit. It's the same with cell phones, BJs, being stoned, listening to music: if there are enough people who can't drive safely with those factors in play, then they become illegal for everyone. There really isn't another way, because forcing you to be responsible (any more than absolutely necessary) for other stranger's safety is unfair to them. You might think that you're cool to drive despite the fact that you are S M A S H E D. Is it fair to put other people at risk for your poor, drunken judgement?

      and even dangerous because there WILL be times where you will have alcohol in your blood and have to drive.and even dangerous because there WILL be times where you will have alcohol in your blood and have to drive. What if your kid suddenly becomes ill? What if an accident happens? There are tons of scenarios possible while you had one glass of wine with your dinner (according to some diets a very healthy way of living). According to your extreme limit you're not allowed to drive. Had you driven with one glass of one in your blood before you'd be a safe driver; have you never done this before you're less safe, and with stress like in the mentioned examples surely the risks of driving are higher.
      My guidelines (which is not so coincidentally the government's guidelines here in Australia) are not an "extreme limit". I was merely saying that if you are going out drinking (the "good night out"), you probably shouldn't drive. It's fine from a legal and safety perspective to have a glass of wine while you're out, possibly two if you know your metabolism. That's not "extreme", that's a rule of thumb that errs on the side of caution. If there is an emergency, you need to wing it. You need to weigh up the risks of driving in your current state, factoring in that you may get caught by the police, that you may injure yourself and others, and make a decision whether or not to wait for a taxi. Hopefully you won't make a stupid decision, like driving when you clearly are not fit to.

      One of those courses is driving with special glasses which are similar to having drank 8 glasses of beer.
      Is that it? What about the lowered reaction time? What about the loss of mental capacity to solve complex problems? Surely the impaired vision isn't considered to be drinking's worst effect on driving?
      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
    140. Re:"code" is probably in the hardware by SillyNickName · · Score: 1

      In the town where I grew up, motorcycle cops working in pairs would open up traffic light control boxes and switch them over to manual control. Then they would sit there, pick a victim, and one would make the light suddenly turn red just as the victim approached the intersection with no possibility of being able to stop in time. His partner would then chase the victim-now-turned-offender down and give them a ticket. Then they would switch roles and the other cop would score the next victim. I watched them do this for hours at a time sometimes and people who got the tickets said the judges only cared that the light was red, not how it got that way. Anyway, the moral of the story is that cops will abuse technology to make cases and many judges don't care. That they would use unreliable breath-alcohol analyzers to secure convictions is just another example.

    141. Re:"code" is probably in the hardware by SillyNickName · · Score: 1

      Considering that the photos are digital and that the companies operating the system are basically paid a bounty on convictions, "photoshop" wouldn't surprise me.

    142. Re:"code" is probably in the hardware by lxw56 · · Score: 1

      The software takes an airflow measurement at power-up, and presumes this value is the "zero line" or baseline measurement for subsequent calculations. This can only reduce the readings: if at power-up, the air sample would indicate a .02% BAC, future readings until the instrument is powered off will be low by .02%.
    143. Re:"code" is probably in the hardware by insomniac8400 · · Score: 1

      What fantasy world do you live in? A lot of people drink and drive every day. With the law as strict as it is, people still do it. And you don't see deaths occurring nightly. The fact is the limit used to be .10, so to get all high and mighty on a guy who blew .89 is ridiculous. It's like going crazy over an 18 year old drinking, when that was the legal age and should be. What they need to do is write it into law that the federal government can't withhold federal road funds just because they don't like your state limit of .10 or a drinking age of 18.

    144. Re:"code" is probably in the hardware by RIDL_Prez · · Score: 1

      This is true. You are under no obligation to take the FST's and they are in fact only used to build a case against you. I'm always surprised by how many...I guess you could call them myths...that people believe when it comes to the drunk driving laws. Many people truly believe that if you are sober, you won't get arrested. There are many cases of completely sober people getting arrested for DUI, even if they blew 0.00 and a urine test later showed them to have no drugs in their system.

      Fact is, if a cop wants to arrest you for DUI, you're going to get arrested. Now MADD has been quoted as saying that they think the average person would not mind the "slight inconvenience" of being arrested for DUI given the opportunity to "prove their innocence".

      Prove their innocence??? Say what? What ever happened to innocent until proven guilty? And a DUI arrest is hardly a "slight inconvenience". It totally consumes your life and costs thousands of dollars to fight. And if you get pressured into accepting a plea bargain it will come back to haunt you for the rest of your life. That's hardly a "slight inconvenience".

      It's our goal to educate people about the current state of DUI laws. It's not as cut and dry as some people would like to think.

      Jeanne Pruett
      President and CEO
      Responsibility In DUI Laws, Inc.
      http://www.ridl.us/

    145. Re:"code" is probably in the hardware by LordVader717 · · Score: 1

      Sure, there are people who can drink a few beers without having any problems. Chances are, nothing will happen. Even for people who have drunk a lot on one night, chances are nothing will happen. There are people who drunk drive regularly and have never had problems.
      But the more it happens, the more likely it is that there's going to be a situation where the alcohol makes a difference.
      There are statistics that suggest having 0.5% promille doubles the risk of an accident.

      What we need to teach everybody, is that alcohol should stay a long distance away from driving at all times, no matter what.
      Even good drivers are impaired by alcohol, even if they don't notice it themselves. It might be a tiny difference of a fifth of a second in the reaction time, or an increased drowsiness. A doctor will be able to tell if you've had alcohol even before you notice it yourself.

      I live in Germany, where the situation is very similar to what you describe in the Netherlands with the license.
      But one difference is that even if you're only over 0.3, you can have your license taken off you if you cause an accident or show any signs of alcohol influence.

      BTW, by the time people gain their drivers license, chances are they've already experienced a lot more than 0.2 promille in their blood.

    146. Re:"code" is probably in the hardware by RIDL_Prez · · Score: 1

      "For a 0.085, it's so close it's almost not worth it, and in most cases, by the time you got to the station and did another breathalyser, normally the number would go down not up." Oh, boy, here we go again. This is what I'm talking about when I say so many people believe myths about the drunk driving laws. When you finish drinking, you BAC actually continues to rise for up to two hours before it starts going down. That's because your body is continuing to absorb the alcohol that you drank that's been hanging around in your stomach. Prosecutors love to try and say that a person's BAC is lower by the time they get the breathalyzer test for those cases where a person is just below the legal limit, so that they can extrapolate backwards and say that their BAC was actually higher while they were driving. You can't say this with any certainty whatsoever unless you can know exactly when the person stopped drinking and if you can know (which you can't) that particular person absorption rate which is different for everyone. Which is exactly why the breathalyzer's are inaccurate as they assume an average absorption rate that they apply to everyone and that can and does skew the results almost all the time. Jeanne Pruett President and CEO Responsibility In DUI Laws, Inc. R.I.D.L. http://www.ridl.us/

    147. Re:"code" is probably in the hardware by Slashdot+Parent · · Score: 1

      This is why it's always vitally important to get a true blood test, and to preserve a sample for your attorney. At the risk of making you even more paranoid, I'm going to remind you that blood ferments over time. And the byproduct of fermentation is, as you are well aware, alcohol.

      Cheers! :P
      --
      They don't grade fathers, but if your daughter's a stripper, you fucked up. --Chris Rock
    148. Re:"code" is probably in the hardware by Slashdot+Parent · · Score: 1

      This can buy you time to process alcohol out of your system.... Or process the alcohol INTO your system.

      If you have access to a brethalyzer and want to do a fun science fair project, eat a bunch of food and then slam X shots of tequila, which X being the number that you know will get you intoxicated, but not enough to puke up all that food you just ate.

      Take brethalyzer readings at 15 minute intervals, and also attempt to perform basic motor function every 15 minutes. You'll find that your loss of motor control will happen at the rate you'd expect (fairly quickly), but your BAC reading will rise slowly. You'll find that you will be falling-down drunk well before your BAC rises above 0.08.

      As you sober up over the next few hours, you'll find that you gradually regain your motor skills, but your BAC will continue to rise! This is because there is a lag between when the effects of alcohol hit your system and when they can be measured in your breath.

      So, depending on the situation, creating more time between when you are actually observed driving and when you take a chemical test might work to your advantage, but it can just as easily work to your disadvantage.

      Of course, the best course of action is the obvious: if you know you're drunk, call a cab.
      --
      They don't grade fathers, but if your daughter's a stripper, you fucked up. --Chris Rock
    149. Re:"code" is probably in the hardware by Slashdot+Parent · · Score: 1

      don't get out of the car to do field tests where they can tape you. Close, but not quite right. If a police officer orders you out of your car, that is a lawful order. Say "Yes, sir!" and get the fuck out of the car if you don't want to be tasered, handcuffed, thrown in the back of his cruiser, and charged with disobeying a lawful order.

      On the other hand, you are not required to participate in any field sobriety test, and it is advisable to refuse. The FST is not a test at all, it is just him establishing probable cause and evidence gathering for your DUI charge. The cop asks you to do a bunch of awkward acrobatics so you look silly on video, and that is entered as evidence.

      If you are asked to perform a field sobriety test, your best course of action is to say, "I want a lawyer," because you're gonna need one.
      --
      They don't grade fathers, but if your daughter's a stripper, you fucked up. --Chris Rock
    150. Re:"code" is probably in the hardware by Marxist+Hacker+42 · · Score: 1

      There are two well known methods to stop that fermentation. I recommend bringing the temperature of the blood down to below 36F~3C

      --
      SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
    151. Re:"code" is probably in the hardware by Sandbags · · Score: 1

      You're equally as likely to get pulled over, and equally deserving of a ticket. Nothing in the constitution guarantees the cop has to be nice to you. Being nice may get you out of the ticket, but the latter is not necessarily the case. I'm also not talking about a "dity car" but an "unkept vehicle" Not washing it is one thing. Using it as a trashcan ot letting it rust out and have failing equipment is another, and speaks to your personal habits and places you in certain catagories that typically recieve additional scrutiny. This is not necesarily profiling, but something similar.

      Law enforecemtnis not biased, people are. Unless you can rpove a pattern of a specific offecer favoring motorists particularly on race, religion, or other legally protected matter, then you have a statement to make and a day in court. The constitution says nothing about treating people equally based on other lesser factors like hygene or attitude.

      The constitution may guarantee you freedom of speech, but that same freedom CAN and likely will sway your chance of getting out of a ticket. This is not to be confused with being issued a citation because of what you said (ie persecution, which IS illegal) This is simply you not getting OUT of a citation you shouold legally be issued because of what you said. You have the legally protected right to call a cop an asshole to his face and insult his religion, family, and uniform. He can't take you to prison for that, but be guaranteed: he'll issue you every legitimate violation he can think up that he could give you and might not have otherwise.

      In a more perfect world, everyone would be issued a ticket and there would be no warnings. Good lick getting a politician to stand on that platform at re-election time....

      --
      There is no contest in life for which the unprepared have the advantage.
    152. Re:"code" is probably in the hardware by Sandbags · · Score: 1

      First of all, thank you for being nice, and not flaming me back. It's nice to see someone on /. that doesn't immediately assume a lengthy rant was negative and targeted againts them personally.

      As for the beer, Corona is 4.6%, Bud light 4.2%. Pretty close really, I was thinking bud light was around 3.5 (That would be Amstel light). Guiness by the way is 7.4 for extra stout, or only 4.0 for draft. Most Sam Adams products are over 5% (and their tripple Bock, only legal in a few states, is 17.4%) Pete's ales are also almost all between 5-6%. I can't find specifics, but from what I can gather, since wine is on average 12% and the service is 4oz, beer at 12oz should be measuered at 4%. 2 pint glasses of Bud from a tap atthe bar would be equal to 3 beer on the BAC chart.

      Also, the average person consumes (converts) 1 unit of alcohol in one hour. The chart also indicates, that based on your weight, approxamately how much more you can drink before becoming intoxicated. Unfortunately, what it does not say is that it takes overweight persons longer (typically, due to metaboloc factars that are usually linked to obesity) to convert the alcohol.

      You are correct that a 175lb male who has consumes 3 corona bottles should be somewhere between 0.6 and .07. For some reason, you pinged higher than that at a point likely about 1 hour after you left the bar (that's a guess). Either some food intake issues were effecting you, or you had a forth one you forgot... I wans't there so i can'ty say for certian.

      You can refuse field sobriety tests, but if the cop even suspects you may be intoxicated, even a little, you get a ride to the station. There, I would still refuse the breath test and insist on the far more accurate blood test method. However, that can backfire quick and leave you in jail for a night waiting for a lab to open to test the sample...

      Right now, America uses a 0.08 rating for intoxication. This is stricter than it used to be, and a lot of people fought lowering it. On the other hand, most nations of the world arrest you at 0.05. In parts of australia, it's 0.02! 1 drink and you could go to jail for 6 months minimum sentence for the first offence. There's pressure here in america to lower the limt again. In NY County (area surrounding NYC), get a DUI and you not only get fined, but your vehicle, regardless of it's value, becomes property of the county, no exceptions, regardless of how much you may still owe a bank on it. Ouch. Needless to say, NYC has an extremely low DUI rate...

      I had my license suspended here too. All i did was change insurance companies. The guy at the old company (a local firm) was an ass, and was upset I stopped being his customer, so he, instead of sending in a transfer of insurance form and sending my details to my new insurance company, sent a cancelation of insurance letter to the state and nothing to my new insurer. Since the new insurer never got a transfer form, after 30 days they also canceled my policy. This not only suspended my license, but my wife's as well since she's a cosigner on the vehicle. This cost me $120 when I got picked at an insurace checkpoint, and $75 to re-instate my license, but again later when i also found out the wife's was suspended as well... The state, having my address from my license, never sent any paperwork to me indicating this (thanks). The new inurance company had noticed the lapse in coverage, called me, got me re-instated, even before I found out about the suspension, but that never updated my record with the state and I got scrwed for over $350 for it. Later, this screwed up my vehicle taxes because they showed my vehicle as uninsured (even though it was) and when they requested details, my old insurance company gave the county my old address (in another county) and sent my bill there. My license got suspended again for failing to pay my vehicle taxes on time, which then also (again) suspended my wife's. This in then end totaled almost $600 in fees and fin

      --
      There is no contest in life for which the unprepared have the advantage.
    153. Re:"code" is probably in the hardware by Sandbags · · Score: 1

      Normally you are correct, but in this case, 3 drinks over 3 hours (if that is the truth), plus the time to get to the station, most of the alcohol had had consumed would already be declining by the point he was stopped, and further still later at the station. BAC reduces by 0.01% (average by body type) for every 40 minutes elapsed starting with the conclusion of the first beverage. In most DUI cases, the person who has been drinking has been exceeding 1 drink per hour (typically 2-3 drinks per hour) and there would be sufficient undigested alcohol in the stomach to hold you right. By hour 3 in this case, the first drink he consumed would not even be in his blood any longer except in trace amounts (0.008 or less if my math is right for a 175lb male).

      --
      There is no contest in life for which the unprepared have the advantage.
    154. Re:"code" is probably in the hardware by cayenne8 · · Score: 1
      "This is why I NEVER drink from anyplace more than an elevator ride away from bed. Hotel bars are your friend, as is homemade beer at home."

      But, it is hard to pick up chicks at home.....bar is a much more target rich environment.

      :-)

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    155. Re:"code" is probably in the hardware by Marxist+Hacker+42 · · Score: 1

      If you need to drink to pick up chicks, then you've obviously missed the fake empathy method, which also works in churches, funeral homes, and abortion clinics.

      --
      SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
    156. Re:"code" is probably in the hardware by RIDL_Prez · · Score: 1

      "Ridiculously low? I think I can drink three glasses of Bushmill's Malt and not blow .08." Then I think a rude awakening is in store for you.

    157. Re:"code" is probably in the hardware by cayenne8 · · Score: 1
      Well, booze == conversaton lubrication.

      Also...chicks at bars are often drunk....that helps too.

      :-)

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    158. Re:"code" is probably in the hardware by LuSiDe · · Score: 1

      Yes, chances raise, but so do chances raise if you meet an irresponsible driver, or if you never drove while having one beer of alcohol in your blood and then you do or have to. Not keeping enough distance is one (if not the) primary cause of accidents -- at least here. If you're a responsible driver, and had a beer, your response time lowers hence your break time increases hence you should keep slightly more distance (I'd opt for at least 25 meters). If you're German you surely drove on the German highways and know this distance aspect from there too. In any case, it is always important to scan and keep distance. In some situations its even more important. Someone who is consious and has experience with having one beer while driving knows this (I do NOT advocate people should drive with alcohol in their blood; but I advocate keeping the option open).

      My girlfriend always drives after a few sips of beer (because it alleviates her chronic pain) so she is used to it. There are pills which cause drowsiness too which also contain COX-2 inhibitors but they work far less well. In general she drives more careful than others drivers, and I'd say that people who drive very slow through rain because they are scared are also pretty dangerous (because of the speed differences). What I noticed in her country is that people seem to drive really as if they're dull and stupid... and I've seen some utterly stupid things happen. The government can also do a lot to the safety of the system. For example, my drive instructor is member of VVN (veilig verkeer netherlands; secure driving netherlands) who give advice to the (local) government on safety regards (ie. general rules, situations which should be different, and so on). We regularly talk about several situations.

      --
      WE DON'T NEED NO BLOG CONTROL.
    159. Re:"code" is probably in the hardware by letxa2000 · · Score: 1

      You know, I'm not a MADD reactionary by any means. And if there are cases of sober people (zero drinks) getting tagged with DUI, obviously we have a problem.

      But I can't help but thinking that that putting together an organization to fight for "Responsible Drinkers" is absurd. A responsible drinker drinks at home. A responsible drinker that wants to drink in a social environment gets a ride home with a friend. Or walks. Or calls a cab. Or takes the bus. If you've had more than a single drink in an evening (yes, I know that's low) and then you drive, it's no longer a question of being a responsible drinker--it's just a question of degree of how irresponsible you are as a human being.

      If you are a "responsible drinker"--especially if you do so often--get an alternative form of transportation together. Period. Now that is responsible.

    160. Re:"code" is probably in the hardware by Marxist+Hacker+42 · · Score: 1

      Like I said, you've missed the fake empathy method. You don't need to talk- you just need to listen and be supportive with random "I understand" and "that's sad" at appropriate places.

      --
      SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
    161. Re:"code" is probably in the hardware by WedgeTalon · · Score: 1

      There are lights around here where, if you are travelling at about the speed limit it is perfectly possible to get caught in the no-win situation I described. And I seriously doubt they will extend the yellow length (though that (and extending the all-red length) is what SHOULD be done) for the same reason that they love those red light cameras - $$$. Gotta generate that revenue or else we'll NEVER be able to make that budget work!!32!!eleventy1!.

  2. Re:Frosty Pist by quantum+bit · · Score: 5, Funny

    You must first blow into this tube before your Slashdot post is accepted.

    Processing... Processing... Done! (31 errors ignored)

    Sorry, your blood alcohol is over the limit for Slashdot first-posting. Please try again later.

  3. Learn something new every day by Mateo_LeFou · · Score: 5, Funny

    I didn't know SCO made breathalizers.

    --
    My turnips listen for the soft cry of your love
    1. Re:Learn something new every day by Anonymous Coward · · Score: 0

      "I didn't know SCO made breathalizers."

      Why yes, I believe that it was a joint venture with Diebold ;P

    2. Re:Learn something new every day by Virgil+Tibbs · · Score: 1

      yeah... it runs a linux kernel....
      oh wait...... oops.....!

      --
      www.tdobson.net #### Dare to Dream #### blog.tdobson.net
  4. Shocked by UbuntuDupe · · Score: 5, Funny

    You mean, the creator of an intellectual work thinks it's more creative than it really is? That very rarely happens.

    1. Re:Shocked by Anonymous Coward · · Score: 0

      replying to undo a mistaken moderation.

  5. Let's whiteboard this people by Anonymous Coward · · Score: 5, Funny

    if ( drunk ) {
    goto JAIL;
    }

    1. Re:Let's whiteboard this people by quantum+bit · · Score: 5, Funny

      if ( drunk ) {
      goto JAIL;
      } else {
      collect(200);
      }

    2. Re:Let's whiteboard this people by shbazjinkens · · Score: 1

      if ( drunk ) {
        goto JAIL;
      }
      else {
        collect(200);
      }

      :Jail
      for(i=0; i != rich; i++){
        recieveBeating();
        jailRape();
      }

    3. Re:Let's whiteboard this people by pclminion · · Score: 1

      Well, since goto is considered evil, I guess it's the appropriate way to control the flow of felons.

    4. Re:Let's whiteboard this people by hax0r_this · · Score: 3, Funny

      I don't get it. What is i, and why does it keep increasing? It looks like it should be money, but as far as I know in jail they mostly don't pay you when they rape you.

    5. Re:Let's whiteboard this people by Anonymous Coward · · Score: 0

      if ( drunk ) {
      goto JAIL;
      }

      if !(strcmp(readkeybuffer(10)), "up up down down left right left right B A")) {
      drunk=TRUE; // nothing to see here, move along
      }

    6. Re:Let's whiteboard this people by Trailer+Trash · · Score: 1

      Didn't you get the memo? Goto's are bad. Use a loop structure instead.

      Do it up in Ruby and create some Jail class from which you can create jail objects. Okay, I'm going to stop.

    7. Re:Let's whiteboard this people by generic · · Score: 1

      Hahaha! You made my day.

      --
      Microsoft aggravates my tourettes syndrome.
    8. Re:Let's whiteboard this people by TheGratefulNet · · Score: 1

      if ( drunk ) {
      goto JAIL;
      } else {
      collect(200);
      } else {
      restart_self_and_dont_tell();
      }

      --

      --
      "It is now safe to switch off your computer."
    9. Re:Let's whiteboard this people by wed128 · · Score: 1

      I modded this down by accident, i'm replying to cancel that out. Sorry! i meant to mod you up!

    10. Re:Let's whiteboard this people by Coucho · · Score: 0

      I guess you're too drunk to realize that goto is bad practice.

      --
      *pSig = NULL;
    11. Re:Let's whiteboard this people by Sj0 · · Score: 2, Informative

      I see what the article was talking about. This is TERRIBLE code. Who uses GOTO? Not even BASIC programmers use it anymore!

      --
      It's been a long time.
    12. Re:Let's whiteboard this people by mini+me · · Score: 1

      self.to_jail if drunk?
    13. Re:Let's whiteboard this people by Duhavid · · Score: 2, Funny

      Label not found "JAIL".
      Undefined symbol: collect().
      Undefined symbol: rich.
      'rich' used without assignment.
      Undefined symbol: recieveBeating().
      Undefined symbol: jailRape().

      --
      emt 377 emt 4
  6. Trade secrets claim is valid by EmbeddedJanitor · · Score: 2, Insightful

    Almost any firmware is just a collection of general algorithms. Calibration, self test, filters, look-up/calculations... I'm not subrised that there's nothing amazing in there. That they don't have any funky algorithms does not mean that the firmware is not a trade secret. It still takes significant engineering/test/validation effort to get to a working device.

    --
    Engineering is the art of compromise.
    1. Re:Trade secrets claim is valid by cmowire · · Score: 2, Insightful

      So? If you RTFA, you see that they didn't spend a lot of engineering/test/validation time either.

  7. DUI laws are just the second coming of prohibition by justcauseisjustthat · · Score: 3, Interesting

    I've been thinking about DUI laws in the US and how the laws are just the second coming of prohibition of liquor. Why else would they take two legal activities like drinking alcohol and driving, and make it criminal. Yes, I understand people get hurt by drivers under influence. But lets be real and compare it to teens getting into accidents, senior citizens getting into accidents, sleep deprived individuals getting into accidents, etc. Think about it... You don't see people being tested for reaction speeds when taking driver tests!! You don't see people being tested for intelligence when taking driver tests!! You don't see people being tested for decision making ability when taking driver tests!! If people had to pass these types of tests we wouldn't have so many traffics jams. Think about it, why have some states in the US that use whisky plates (plates for cars owned by individuals convicted of a DUI) run out and had to expand the letters used.

    PS People who drink and get into accidents should be prosecuted as if they had reckless intent.

  8. Re:Frosty Pist by bladesjester · · Score: 5, Funny

    Sorry, your blood alcohol is under the limit for Slashdot first-posting. Please try again later.

    There. Fixed it for you =]

    --
    Everything I need to know I learned by killing smart people and eating their brains.
  9. It'll be pretty damn funny... by Anonymous Coward · · Score: 0

    When the guys the attorney hired to check the code don't find anything, and his guy gets fucked anyways.

    1. Re:It'll be pretty damn funny... by Anonymous Coward · · Score: 0

      You can always find something. Always!

  10. The reason MN doesn't have the code by crimguy · · Score: 5, Interesting

    The reason why no source code has been released in MN is that the manufacturer of the breathalyzer in that case, CMI, refuses to hand it over to anyone. They are asserting that it is a trade secret, and are resting on the fact that there is little a court in MN can do to force them, a Kentucky corporation, to hand it over.

    I represent three clients in Phoenix, AZ, who have been trying to get the code from CMI for the same reasons, and have been met with nothing but frustration. Fortunately, a couple judges here have agreed with the defense that examination of the code is necessary to mount a defense, under due process grounds. We (myself and a number of other attorneys) have had dismissals in a total of about 11 cases in the City of Phoenix, all of which are being appealed. There are a few cases in superior court that will be appealed shortly as well. It's been a busy time in the world of DUI litigation.

    Unfortunately, many judges here do not see the relevance. Further, they have enacted legislation to prevent the preclusion of breathalyzer results, despite the inability to examine the "schematics or source code" of the machines.

    Believe me when I tell you - these machines are unreliable, and subject to many errors, most glaringly the result of RFI screwing up the results. I've read the findings of the independent lab on the NJ case, and it does raise many concerns. My biggest problem is that law enforcement can essentially hide behind a foreign corporation, and a jury never hears about many of the problems at hand.

    1. Re:The reason MN doesn't have the code by Anonymous Coward · · Score: 2, Interesting

      In denmark the breath analyzers are only used on the scene and if you are tested positive they bring you in to take a blood test. Only the blood test is considered proper evidence.

      I'm actually a bit surprised that this isn't the case in america.

    2. Re:The reason MN doesn't have the code by Flavio · · Score: 1

      Believe me when I tell you - these machines are unreliable, and subject to many errors, most glaringly the result of RFI screwing up the results.

      Are you at liberty to say why RFI is considered the most glaring fault? I wouldn't expect this behaviour from a breathalizer, so it kind of surprises me.

    3. Re:The reason MN doesn't have the code by khb · · Score: 1

      Isn't it legit for the accused to hold out for a blood test? Surely those are not nearly as prone to random acts of RFI and should result in residual blood for resampling in the event the Defense should want one.

      Indeed, wouldn't the simple fix for the Legal system to mandate blood sampling as a secondary test. That is, the on the spot device could only be used to determine who should have their blood sampled. Of course, anyone refusing to have the blood test would be back in the position of being potentially convicted based on an unsound device but that was a consequence of refusing to submit to testing.

    4. Re:The reason MN doesn't have the code by MightyMartian · · Score: 1

      Hopefully enough state courts begin dismissing these cases that the customers (that is the police) force the manufacturers to clean up their act.

      This isn't much different than the magical IP_address->User_Name that RIAA has been using. If courts begin tossing out cases, or at least disallowing these technologies as evidence, then a foot is going to fall somewhere.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    5. Re:The reason MN doesn't have the code by WhiteWolf666 · · Score: 1

      In Illinois, at least, refusing to use a breathalizer is grounds to have your licenses revoked for 2 full years.

      --
      WhiteWolf666 an exBush supporter. All you new-school,compassionate,save the children Republicans can rot in hell
    6. Re:The reason MN doesn't have the code by nate+nice · · Score: 4, Interesting

      That's not true.

      You don't have to take a breathalyser or do any road side test. And in fact you shouldn't. Even if you have been never tell the cop you've been drinking when pulled over.

      What you do have to do is submit to a blood test at a hospital if the suspect you of drunk driving. If you don't then you'll lose your license.

      Here's some advice if pulled over:

      When asked if you've been drinking, say no. They always ask this question a night. If you say yes you've had one or whatever, you are a suspected DUI. They usually won't smell things on your breath or whatever. Just say no and they'll probably just ask to run your license and give you a speeding ticket. Unless it's obvious you're drunk

      When asked to get out of the car, comply. You have to. If they ask you to do ANY roadside test, decline. You will be pressured here. Simply say your lawyer informed you to never do a roadside test under any circumstance. The cop will evaluate you at this time. One of 2 things will happen now.

      If you're borderline and seem to be "normal" or not very drunk, they'll probably let you go with a ticket. They realize that it will be a waste of their time to arrest you take you down to the hospital, file reports, etc only to find out you are at .07. Remember, the time it takes from pulling you over to actually taking a test is often over an hour. You will likely have sobered up some by this point. And potentially moved from a .1 to a .7 fairly easily. Or even from a more serious .12 to a less expensive and serious .9 or something borderline.

      If you're obviously drunk, they'll take you down confidently knowing you will fail the test and be charged. But that's the price you pay for driving when sloshed.

      The keys: Never admit to drinking anything. This can only hurt you. Let your lawyer do the talking. Refuse any roadside test. They can only hurt you. Cooperate and take a blood test. Potentially an hour or more after you've been pulled over. You will invariably be more sober than when you were pulled over. This works to your advantage.

      --
      "If you are a dreamer, a wisher, a liar, A hope-er, a pray-er, a magic bean buyer ..."
    7. Re:The reason MN doesn't have the code by nate+nice · · Score: 1

      "And potentially moved from a .1 to a .7 fairly easily. Or even from a more serious .12 to a less expensive and serious .9 or something borderline."

      Please excuse my terrible decimal writing there. It is meant to say a a .1 to a .07 and a .12 to a .09.

      --
      "If you are a dreamer, a wisher, a liar, A hope-er, a pray-er, a magic bean buyer ..."
    8. Re:The reason MN doesn't have the code by mabhatter654 · · Score: 1

      because the cop would have high-powered digital radios and perhaps radar gun turned on while they test you in front of the bright lights. In the given environment, the low probability of circumstances is nearly certain to be in place to cause failure.

    9. Re:The reason MN doesn't have the code by paitre · · Score: 1

      Maryland is the same.
      It's also enough to have you arrested instantly, as refusal to take a breathalizer is considered and admission of guilt.

    10. Re:The reason MN doesn't have the code by jmauro · · Score: 1

      According to the current laws, refusing a breathalyzer test will cause you to lose your license for at least a year regardless of a DUI conviction. It is part of the acceptance of the drivers license that you agree to submit to a test at any time for any reason, even if your not driving. On the otherhand, refusing the test cannot be used against you in the actual DUI case that was the cause of the stop.

    11. Re:The reason MN doesn't have the code by nonsequitor · · Score: 1

      Do you think this is going to make the breathalyzer industry one that needs to meet certain standards similar to the avionics and health care industries?

      From the sound of it, it would be trivial to bring the code up to snuff. Only a few months worth of work for a software engineer or two. I think the state should have a DER (Designated Engineering Representative) which audits the source code and development practices of these equipment manufacturers (radar guns, breathalyzers, etc).

      I definitely think that breathalyzers should be used, drunk driving is bad, but I also believe that if a device has the ability to ruin someone's life, it should be properly developed. I also doubt the devices are as prone to failure as represented, which is why we need better devices to close that loophole for guilty offenders with creative lawyers.

    12. Re:The reason MN doesn't have the code by nate+nice · · Score: 2, Insightful

      Interesting. I can't believe Illinois would force people to take roadside tests like that.

      Now, when you say breathalyser, are you talking about the roadside one or the station one? There's quite a difference.

      --
      "If you are a dreamer, a wisher, a liar, A hope-er, a pray-er, a magic bean buyer ..."
    13. Re:The reason MN doesn't have the code by jmauro · · Score: 1

      Not according to the current case law.

    14. Re:The reason MN doesn't have the code by nate+nice · · Score: 1

      I can't imagine a DUI ruining someones life. It would suck to get and a series of them can really mess things up, but it won't ruin your life.

      Also, you refer to it with the propaganda word "drunk driving". To be over the limit doesn't mean you're drunk. In fact, plenty of people could have a .08 and be perfectly sober all things considered.

      --
      "If you are a dreamer, a wisher, a liar, A hope-er, a pray-er, a magic bean buyer ..."
    15. Re:The reason MN doesn't have the code by fbjon · · Score: 4, Insightful

      Here's a better idea: don't drink and drive.

      --
      True confidence comes not from realising you are as good as your peers, but that your peers are as bad as you are.
    16. Re:The reason MN doesn't have the code by bluephone · · Score: 1

      In some jurisdictions it's done that way, some don't to the blow-test at all, they just take you do the local hospital for a blood test. If you refuse the bloodtest, however, it's an automatic positive on the assumption you want to hide your BAC.

      --
      jX [ Make everything as simple as possible, but no simpler. - Einstein ]
    17. Re:The reason MN doesn't have the code by Anonymous Coward · · Score: 1, Interesting

      Sure it can. I recently moved to Louisiana and there are some pretty vicious laws here regarding DUI. Here's what I learned attending a driving class for speeding, from a state of Louisiana driving instructor (daytime job is a safety inspector at the fire dept). - If you get convicted of DUI and your child aged 12 or younger is in the vehicle, that child immediately becomes a ward of the state of Louisiana. Which means you cannot be within x feet of them, the result is that you need to move out of your own house. - If you get convicted of DUI and someone else's child aged 12 or younger is in the vehicle, that child immediately becomes a ward of the state of Louisiana. Which means you cannot be within x feet of them, the result is that you screwed up your friend's or relative's family life. Supposedly the court is lenient on that child, but your relationship with that family is damaged. - The DUI limit for commercial vehicles is 0.02 rather than 0.08, which means if you're in a rental car, or company car, or you're trying to be cute with the IRS and write off your own car as a business expense, your margin of error is small. The child-under-12 rule still applies. So yes, it can ruin your life, and involves much more than just a few dollars.

    18. Re:The reason MN doesn't have the code by Flavio · · Score: 1

      because the cop would have high-powered digital radios and perhaps radar gun turned on while they test you in front of the bright lights. In the given environment, the low probability of circumstances is nearly certain to be in place to cause failure.

      That's not what I was asking. I want to know his basis for claiming that the breathalyzer is susceptible to RFI, and not an illustration of why EMI compliance is important with this type of equipment.

    19. Re:The reason MN doesn't have the code by bluephone · · Score: 1

      Any electronic device can fall victim to RFI related failures. The question is what kinds of failure will happen under what circumstances. As the other poster said, radios, flashing lights, digital radio computer in the front seat, and possibly less-than-perfectly-trained operators can all be contributing factors.

      --
      jX [ Make everything as simple as possible, but no simpler. - Einstein ]
    20. Re:The reason MN doesn't have the code by Bios_Hakr · · Score: 1

      Gotta love that presumption of guilt...

      In the US, most places will not force a test; blood or otherwise. However, there is a charge for refusing to submit to the test. That charge is, oddly enough, the same as a DUI.

      If you *are* drunk and get stopped, you can refuse to be tested. You'll face a "failure to submit" charge. You'll loose your license for a few months (up to a year, I think) and spent the night in jail.

      --
      I'd rather you do it wrong, than for me to have to do it at all.
    21. Re:The reason MN doesn't have the code by Anonymous Coward · · Score: 0

      Doesn't "perfectly sober" imply 0.00, regardless of anything considered?

    22. Re:The reason MN doesn't have the code by Bios_Hakr · · Score: 3, Insightful

      At the current BAC levels, drinking and driving do not mean what you think they mean. Using mouthwash in the morning or before your drive home (some people brush their teeth more than twice a day) can mean you'll test positive. If you have a beer with friends over dinner and drive 2 hours later, you can still test positive.

      The MADD crew lost the moral high-ground long ago.

      --
      I'd rather you do it wrong, than for me to have to do it at all.
    23. Re:The reason MN doesn't have the code by TheGratefulNet · · Score: 3, Insightful

      Hi nate nice. Got any more tips for drunk drivers?

      you have NEVER EVER had a beer at work (maybe some milestone or something) and then drove home, perhaps even a few hours later?

      that never happens to you?

      or you have a glass of wine out on a date?

      the laws are too harsh and people DO need to know all the info that the other side knows. not only is it desirable to know all your rights, its -necessary- for the system to really work at all.

      --

      --
      "It is now safe to switch off your computer."
    24. Re:The reason MN doesn't have the code by nate+nice · · Score: 1

      Just informing people about their rights and how to protect themselves in case they find themselves in this predicament.

      I'm not advocating anyone drink and drive. I'm advocating people know their rights and how to protect themselves. I hope people would make intelligent, informed decisions about driving after drinking.

      --
      "If you are a dreamer, a wisher, a liar, A hope-er, a pray-er, a magic bean buyer ..."
    25. Re:The reason MN doesn't have the code by Jeffrey+Baker · · Score: 1

      I drink as much as I like whenever I like, because I don't have a car. Thanks for asking.

    26. Re:The reason MN doesn't have the code by nate+nice · · Score: 1

      It sounds terrible, but you're mainly right. I'm not advocating drinking and driving, but it's not like it's an evil thing to have a few and drive somewhere. Compare to most people on their phones, eating things, reading things, doing their makeup, driving with a knee, yelling at the kids in the back seat, day dreaming, asleep at the wheel, changing the radio, senile with a license and it's about the same. But the prosecution is obviously much worse.

      Drinking and driving is the bastard of poor driving technique.

      Drunk driving is an entirely different thing. When you're sloshed you absolutely should not be driving a car. But going out and having a few with your friends and driving home (on mainly vacant streets) has gotten so blown out of proportion. A .08 is hardly anything to seasoned drinkers but yet the prosecution is there. I know I drive much more attentively and aware with a .08 than the people committing the acts I listed above. The difference is I'll drive home with a .08 past midnight on mainly vacant streets while they're on the road at all times.

      --
      "If you are a dreamer, a wisher, a liar, A hope-er, a pray-er, a magic bean buyer ..."
    27. Re:The reason MN doesn't have the code by Attila+Dimedici · · Score: 2, Informative

      In Pa, and NJ you can refuse the breathalyzer and submit to a blood test (I am pretty sure that this is still true of Va as well). I am pretty sure that this is true in most states, but I only know this for sure of these two (and that it used to be true of Va). Also, in Pa I am pretty sure that only applies when you are driving not when, for example, you are the passenger in a car.
      There are two things that bother me about the discussion of what percentage of accidents are alcohol related. The first has been alluded to by an earlier poster; if you have had one drink and are parked in a legal parking space alongside the road and someone stone cold sober plows into you, it is considered an alcohol related accident. The second is that when you examine the statistics about serious accidents that genuinely involve someone with too much to drink being in a serious accident, you discover that the overwhelming majority of those accidents are caused by people who were blind stinking drunk (0.12 or higher BAC).

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    28. Re:The reason MN doesn't have the code by TheGratefulNet · · Score: 1

      I drink as much as I like whenever I like, because I don't have a car. Thanks for asking.

      thanks for admitting where your moral superiority (or feeling of it) comes from.

      but then, you do rely on others who DO drive (in some way), so you only have deferred the problem. I know that you don't speak for -them-. the fact that you don't drive or choose not to drive at all gives you no more right to judge others who DO have to drive and who do not feel that a zero-tolerance existence is what we should have in a free society.

      if you choose to live your life in a certain style, that's fine; but do not speak for the rest of us.

      having a non-driver lecture us on driving is like the pope giving sex advice.

      (...)

      --

      --
      "It is now safe to switch off your computer."
    29. Re:The reason MN doesn't have the code by Jeffrey+Baker · · Score: 1

      That's great, good for you. Do you live in California? If so, you are contributing to the problem whereby the hour from 2am to 3am is the most fatal hour of driving, expressed in deaths per passenger mile driven. The rate of drivers involved in fatal accidents who had been drinking is over half during this hour, and only about one fourth in general. Good times.

      By the way, if you come to California and you breathe .08% or higher, the cops will impound your vehicle and suspend your license, nevermind your DUI trial. If you refuse the breath test and request blood test, your vehicle and license will be taken pending the outcome of the test.

    30. Re:The reason MN doesn't have the code by Jeffrey+Baker · · Score: 1

      We don't have a zero tolerance policy on drunk driving, we have a .08% blood alcohol tolerance on drunk driving. That's the law in my state, anyway.

      Also I can't really tell what you are trying to say about the people upon whom I rely. Are you saying that it would be OK for the bus driver to knock back a few before his shift? If not, what are you saying, exactly?

    31. Re:The reason MN doesn't have the code by Jah-Wren+Ryel · · Score: 1

      The rate of drivers involved in fatal accidents who had been drinking is over half during this hour, and only about one fourth in general. Good times. Define "had been drinking."

      Because that sure sounds like a case of "lies, damned lies and statistics." If all it takes to qualify as "had been drinking" is a single drink then no fucking duh that a lot more people who have accidents late at night "had been drinking" - more people in general drink at night then they do the rest of the day so the average population of people on the road who "had been drinking" will be much higher then too.

      By the way, if you come to California and you breathe .08% or higher, the cops will impound your vehicle and suspend your license, nevermind your DUI trial. If you refuse the breath test and request blood test, your vehicle and license will be taken pending the outcome of the test. If you blow .08% higher because the breathalyser makes an error it sounds like you are really fucked. I'll take an hour or two of inconvenience and impound versus the days and weeks of having to fight a bogus DUI trial.
      --
      When information is power, privacy is freedom.
    32. Re:The reason MN doesn't have the code by hazem · · Score: 1

      Got any more tips for drunk drivers? What if I run over some kid on a bicycle? How long should I run from the law before my BAC will be down under .07? What are the implications with respect to felony hit-and-run vs misdemeanor involuntary vehicular manslaughter?

      Are there any other crimes you can help me weasel out of? Know anything about securities fraud? I heard it's lucrative, but I don't want to get caught.


      You just don't get it. This article is all about how the devices used as primary evidence against you in a DUI case may be seriously flawed. This means even if you did not drink at all you could still end up blowing a positive test. NOW what are you going to do?

      Clearly, you're guilty and should just give and go to jail.

      The rest of us Americans have the right to have a lawyer and not incriminate ourselves. We also have the right to fight back against any criminal charges brought against us - it's one of the foundations upon which the country was built.

      Finally, the criminal justice system is heavily stacked against defendants. Only a fool would go into that situation without the advice and representation of a lawyer.

      On top of that, it is your right to stand up for your rights. You are not obligated to aid in your own prosecution. That's why they have to tell you "you have the right to remain silent".

      Let me know how you're going to handle it when you've been wrongly accused of a crime. Are you just going to turn yourself in and confess? Clearly, they wouldn't have accused you if you weren't already guilty.

    33. Re:The reason MN doesn't have the code by martinX · · Score: 1

      A single beer is unlikely to put you over any limit.* The exception being that new or learner drivers in some locales have a zero alcohol limit.

      In my state, the legal limit for general car drivers is 0.05%.


      It is stated here:

      Most people are unaware of how much alcohol it could take before they reach the blood alcohol concentration (BAC) limit of .05. The following can be used as a GUIDE for most people. However, everyone is different and other factors such as weight, age, medication and whether you have eaten can also affect your BAC.

      MEN - 2 standard drinks in the first hour and only one standard drink every hour thereafter.

      WOMEN - 1 standard drink in the first hour and only one standard drink every hour thereafter.

      What constitutes a 'standard drink' (10 grams of alcohol) is given in the link.

      *Alright, unless you're from the UK and drink seriously alcoholic beer named something like the Pickled Bishop by the pint.

      --
      When they came for the communists, I said "He's next door. Take him away. Goddam commies."
    34. Re:The reason MN doesn't have the code by silas_moeckel · · Score: 1

      Yup definite moral high ground there, always good to make sure that those pesky courts have nothing to do with DUI all those pesky rules and such.

      Sure I'm not a fan of people that drink and drive. I'm not a fan of heavy handed punishment handed down by a cops with no injured parties either. All the cheer leading around this subject has led to bad laws and even worse enforcement. I take issue with any law that does not have any directly affected parties. Speeding on a highway, no issue speeding down a residential neighborhood and get a complaint well sounds like disturbing the peace to me. Funny thats an old law we did not seem to have to make a new one to fix the issue. Hit somebody while DUI sounds like at least reckless endangerment, assault with a deadly etc.

      As a side note, I'm a sub 4 time a year drinker and generally at home or hotel or other venue where I can sleep it off. Why because I'm not a big fan of drinking and prefer to not have to worry about or submit to the police harassment of DUI checkpoints (can I see your papers please). I have been personally affected by drinking and driving (a friend killed a family of four while driving drunk we knew the family) so have seen each side of the situation. I leave in a city that chooses not to enforce DUI laws unless there is an injured party they have real criminals to deal with.

      --
      No sir I dont like it.
    35. Re:The reason MN doesn't have the code by fishbowl · · Score: 1

      If someone testified that a product contained trade secrets, and it was shown otherwise, how is that not perjury? Shouldn't we be reading about contempt citations, disbarment, etc.?

      --
      -fb Everything not expressly forbidden is now mandatory.
    36. Re:The reason MN doesn't have the code by alanoneil · · Score: 1

      I hope people would make intelligent, informed decisions about driving after drinking.


      Who can consistently make intelligent, informed decisions about anything after drinking?

      Zero-tolerance with regards to drinking and driving ensures that people do not consider it as a first option, or even a viable option, even while they are drunk. If you tell people that it is a certainty that they will go to jail for driving drunk, they'll think twice. I agree with your "know your rights" attitude, but it seems a little irresponsible to be telling people step-by-step how to go from "dangerous drunk" to "legally drunk" while having a nice chat with a cop on the side of the road.

      You do realize that if the cop pulled you over, there's usually a traffic-related reason? Like... perhaps you missed the stop sign back there, or you've had your left blinker on since you left the bar, or maybe you're playing chicken with the trees. If you've been pulled over because your driving is not up to snuff, you damn well should be riding in the backseat of a friend's or squad car.

      Good for you for knowing your rights and your limit, and for being able to safely control a motor vehicle while impaired. Just remember that not everyone is as talented as you are.
      --
      --
    37. Re:The reason MN doesn't have the code by TheGratefulNet · · Score: 1

      what I am saying is that people are not going to accept a zero tolerance world (and yes, one drink CAN register you as 'guilty' on some of those crappy detectors). its not realistic, its overly control-freakish and it gets peoples' lives unnecessarily ruined because of some arbitrary 'drink count' meter reading.

      if you are seriously drunk, you should not drive. we are not talking about those cases.

      what I am talking about is the lower levels where you can still get nailed even though you really were able to drive as well as the average driver. lets not forget that the average driver includes the 80yr old grandma who, even totally sober can't drive as well as someone half her age with 1 or even 2 drinks. average also includes inexperienced teenagers who, again, have less driving skill simply due to not having logged enough hours to get first-hand experience. average also includes the girl (or guy) who is totally distracted on the phone talking to their SO; or worse, in an emotional state due to breaking up with their SO. maybe its an early 7am call that puts someone on the road and they didn't have their coffee yet. maybe they had to work until 11pm some night.

      ALL those are included in the 'driving unwashed masses'. you think driving with 1 beer is so bad? I'd take that over many of the above, anyday.

      driving irresponsibly is bad. but there are MANY ways to be irresponsible. get off the MADD kick and realize that people are bad drivers, OVERALL, and that's just a fact. drinking within reason is noise level to all the other things going on out there, really.

      --

      --
      "It is now safe to switch off your computer."
    38. Re:The reason MN doesn't have the code by Jeffrey+Baker · · Score: 1

      I'm in complete agreement with the idea that the source code and schematics to the breath machine, and any other device, should be available, and that all evidence entered in court should meet strict guidelines. But the post to which I replied wasn't talking about any of that, it was talking about how you can stall for time to make your blood alcohol content go from illegal to legal levels. Essentially, "nate nice" wants to obstruct justice, which is an intolerable attitude in a society of laws.

    39. Re:The reason MN doesn't have the code by toofast · · Score: 1
      You said:

      What if I run over some kid on a bicycle? Then you said:

      I drink as much as I like whenever I like, because I don't have a car. Make up your mind. Not having a car doesn't mean it's impossible for you to drink and drive.
    40. Re:The reason MN doesn't have the code by Fireflymantis · · Score: 1

      Absolutely not, when using mouthwash an hour earlier can cause you to blow far over 0.00. There is no current foolproof way to be able to measure BAC (BLOOD Alcohol Content) using breath as a sample, and even then, a few conditions can cause you to have small levels of acetone on your breath (eg. diabetes) which can cause serious detection errors. (one of my friends who was cold stone sober hit 0.10 on a breathelizer. She had diabetes, and was damn happy she forced a blood test (which also mis-hit) but was able to get them to retest specifically for acetone which matched 1:1 against the 0.10 reading.

    41. Re:The reason MN doesn't have the code by russotto · · Score: 1

      Some of the hardware in a breathalyzer is a photodetector connected to an A/D converter. Sensitive A/D converters can be sensitive to RFI.

    42. Re:The reason MN doesn't have the code by russotto · · Score: 1

      A single beer is unlikely to put you over any limit.*
      And yet your link says a "standard" drink of 10 grams of alcohol will put women at the 0.05 limit. Now try a real drink -- a pint (US) of 5% ABV beer. That's 0.8 oz alcohol, over 18 grams of alcohol. Think that'll put anyone over a 0.08 limit? Don't like the pint of beer? A glass of red wine works out about the same, depending on how generous a pour.
    43. Re:The reason MN doesn't have the code by russotto · · Score: 1

      Wrong. The stigma a DUI has gotten attached to it makes it as bad as a felony conviction in some cases, disqualifying you from many jobs. The state of Maryland at one time (perhaps still) would not employ anyone who had gotten a DUI or even gotten "probation before judgement" for a DUI (the latter being blatantly unconstitutional of course, but since when did they care?). It'll certainly disqualify you from any job which requires driving. Or business travel, because you won't be able to rent a car.

    44. Re:The reason MN doesn't have the code by Jeffrey+Baker · · Score: 1

      Of course it doesn't. It's also possible for me to get drunk and try to fly an airplane (the more drunk, the more likely, I'd say). But at least I'm not setting myself up for it by driving to a house of merriment with the intention of drinking until the wee hours, then driving home with a premeditated plan to outwit the police, like our pal "nice nate" upthread. I mentioned bicycling because drunk drivers are one of the chief dangers to bicyclists in the late night.

    45. Re:The reason MN doesn't have the code by nate+nice · · Score: 1

      "You do realize that if the cop pulled you over, there's usually a traffic-related reason? Like... perhaps you missed the stop sign back there, or you've had your left blinker on since you left the bar, or maybe you're playing chicken with the trees."

      That's not necessarily the case. You could be pulled over because you're black in the wrong neighborhood. You could be pulled over because you're a young male in a sports car. You could be pulled over because a taillight is out. You could be pulled over for doing 5 over and the cop just wants to pull you over.

      I agree, if you've been drinking enough that you're dodging trees, missing stop signs, etc, you should not be driving a car and going to jail serves you right. But getting pulled over after drinking doesn't mean you were pulled over for suspect drunk driving. Cops can pull just about anyone over for any reason. They profile after bar time for people that fit the mold of drunk drivers (young males).

      --
      "If you are a dreamer, a wisher, a liar, A hope-er, a pray-er, a magic bean buyer ..."
    46. Re:The reason MN doesn't have the code by /dev/trash · · Score: 1

      ummm yeah. You're swerving in and out of traffic and it's because you brushed and used mouth rinse 4 times today.

    47. Re:The reason MN doesn't have the code by Anonymous Coward · · Score: 0

      Readers should be careful when following internet advice. The above advice will get your license revoked in several states (like MA). You can either be tested, or lose you license, by law.

    48. Re:The reason MN doesn't have the code by nate+nice · · Score: 1

      I'd probably get the advice of a lawyer to be sure.

      A lot of people don't know that in every state I've researched, you never have to take any road side test of any kind. That includes the portable Breathalyzers. No roadside test in any state is admissible as evidence either. They're only tools to aid officers in making arrests.

      When you fail these tests they will take you to a station that has a "real" breathalyser and you have to take that or take a blood test. Always better off with the blood test.

      Really, you don't have to take a blood test either. They can't force it. But then you lose your license and get a large fine none the less.

      --
      "If you are a dreamer, a wisher, a liar, A hope-er, a pray-er, a magic bean buyer ..."
    49. Re:The reason MN doesn't have the code by Flavio · · Score: 1

      Some of the hardware in a breathalyzer is a photodetector connected to an A/D converter. Sensitive A/D converters can be sensitive to RFI.

      You also missed the point of my question, like two other posters before you.

      I'm a Ph.D. candidate in electronic engineering, and I can come up with these conjectures by myself. The question here is why "crimguy", who claims to represent 3 clients in AZ confidently states "Believe me when I tell you - these machines are unreliable, and subject to many errors, most glaringly the result of RFI screwing up the results."

      What I'm looking for is quantitative proof that these breathalyzers are behaving badly due to RFI. For instance, a lab report stating non-compliance to EMC regulations would be interesting. I don't want to read possible explanations to a problem that may not exist! I want proof that these machines are operating incorrectly in the field. Because if there's no experimental evidence to support this "glaring result", then the "believe me when I tell you" phrase is worthless and he might as well be use sunspots to support his case.

    50. Re:The reason MN doesn't have the code by Anonymous Coward · · Score: 0

      I represent three clients in Phoenix, AZ


      well there's your problem.... since when do phoenix judges give a shit about civil rights or justice?
    51. Re:The reason MN doesn't have the code by Jtheletter · · Score: 1

      You don't have to take a breathalyser or do any road side test.
      You are completely correct, this is true, however not without consequences in some states. For example, in MA where I live, refusing a roadside sobriety test is legally an admission of guilt essentially, and carries a mandatory license suspension. Not really any wiggle room there eh? It still boils down to: know the law for your state. In some states your advice is good, in other states it's quite bad.
      --
      -- I'm not a pessimist, I'm a realist. It's not my fault that life sucks so much. --
    52. Re:The reason MN doesn't have the code by Apotsy · · Score: 1
      When asked if you've been drinking, say no.

      Huh? What if they discover you are lying? Lying to the cops is generally bad news. Might be better to just refuse to answer, yes?

    53. Re:The reason MN doesn't have the code by Swaffs · · Score: 1

      I'm a qualified technician on a BAC Datamaster C, and no, mouthwash in the morning won't cause you to blow over and neither will one beer. I know, because I've tried.

      --

      --
      "Karma can only be portioned out by the cosmos." - Homer Simpson [1F10]

    54. Re:The reason MN doesn't have the code by Swaffs · · Score: 1

      The average person will lose 15 mg of alcohol per 100ml of blood in an hour, or 0.015 percent, so your figures are wrong.

      Most of your advice here may be true of your jurisdiction, but not in mine. I'd suggest people consult a real lawyer in their own jurisdiction before they try anything like this. Or as another poster said, just don't drink and drive.

      --

      --
      "Karma can only be portioned out by the cosmos." - Homer Simpson [1F10]

    55. Re:The reason MN doesn't have the code by Swaffs · · Score: 1

      I'm a qualified technician on the BAC Datamaster C and I have not been able to produce any false readings in testing, no matter how hard I tried. Good luck getting guilty people off.

      --

      --
      "Karma can only be portioned out by the cosmos." - Homer Simpson [1F10]

    56. Re:The reason MN doesn't have the code by Swaffs · · Score: 1

      Yes and Yes. And I don't know anybody who could blow over on one drink. And I know, because I have access to these instruments and try them out. Even the tiniest girls would need at least 3 or 4 to get over.

      --

      --
      "Karma can only be portioned out by the cosmos." - Homer Simpson [1F10]

    57. Re:The reason MN doesn't have the code by aaronl · · Score: 1

      I generally think drinking and driving is an outright stupid idea. I know I wouldn't want to go around driving after a few beers, any time of day. Then again, I don't really like driving around at night all that much. As a matter of fact, I'd say people like me are probably more dangerous to bicyclists than drunk drivers. The reason? Well, that's easy... I get distortion off of my corrective optics from oncoming lights, and have difficulty adjusting to changes in light. They call it night blindness. It's why I feel comfortable driving in snow, but not rain.

      I'd say that bicycling at night is the biggest danger to bicyclists at night. It's dark, you have nearly no safety gear, and very poor lighting. As a bicyclist that occasionally rides at night, *I* am avoiding cars with my numerous flashing lights and reflectors. I make sure I'm nowhere near the lane, often pulling off the road. It doesn't take a drunk driver to kill me... it takes a normal and average driver that blinked at the wrong time.

      Looking at the other things you've posted on this topic, really, you're being ridiculous. Being drunk and driving is not something anyone is going to say is a safe thing to do. Nobody wants to have such a thing be just fine and dandy... However, if you're going to ruin someone for some fifty cent piece of junk that says you're drunk because of your ventolin, or that beer two hours ago, or some Scope, or whatever, then you had better be willing to apply it uniformly and fairly. However, you can't, and you shouldn't do such a thing.

      Our laws are unfair and unjust, overall. This is another place where that is obvious. It is necessary and proper for an officer to pull someone over who is not operating their vehicle in a safe manner, whether it be drugs or alcohol or sleep deprivation. That officer needs to make a realistic and good decision about the circumstances, and take into account everything possible. If a breathalizer type device confirms a suspicion, then that's just cause to arrest and verify with a blood test. Things like that device should just be tools among many, but we've become ridiculous about such trite politically correct things as "zero tolerance".

      The advice that "nice nate" gave is intelligent, and increasingly necessary. I did not see anything about avoiding responsibility and driving while drunk... I saw a good amount of advice about how to avoid being persecuted using overzealous laws designed to maximize the number of guilty parties by utilizing an extremely broad set of definitions and untrustworthy equipment.

      I personally don't drink and drive, and that's because I know that I'm not a good judge of my own impairment. This doesn't mean that I would pass the typical and rigged impairment test, either, under the best of conditions. Honestly, if I believed the police were trustworthy, I'd be much more likely to side more with you, but I don't believe that. I have seen fewer trustworthy and upstanding police than I've seen honest criminals.

    58. Re:The reason MN doesn't have the code by mini+me · · Score: 1

      Here in Ontario, the government states that your first offense of drinking and driving will cost you almost $20,000 by the time it's all said and done. I don't know about you, but the loss of $20,000 is enough to ruin the lives of some people.

    59. Re:The reason MN doesn't have the code by fishbowl · · Score: 1

      "At the current BAC levels, drinking and driving do not mean what you think they mean. Using mouthwash in the morning or before your drive home (some people brush their teeth more than twice a day) can mean you'll test positive."

      Empirical, blind-test evidence of this claim, please.

      --
      -fb Everything not expressly forbidden is now mandatory.
    60. Re:The reason MN doesn't have the code by fishbowl · · Score: 1

      Get the advice of a lawyer. But he will tell you you are screwed...

      Roadside tests are admissible. If nothing else, testimony of an officer that you failed a 40 degree Nystagmus test is not only admissible (how can you not admit eyewitness testimony of the arresting officer?), it's considered conclusive evidence. The eye test alone can easily put you in prison in Texas, Louisiana, Arkansas, or Oklahoma. I'm sure it's the case in many other states. It might be easier to try to argue against an officer's judgment, but his ability to estimate a 45 degree angle can be evaluated. If you don't have a neurological condition for a defense, good luck convincing a jury that an experienced specialist police officer can't judge Nystagmus properly.

      --
      -fb Everything not expressly forbidden is now mandatory.
    61. Re:The reason MN doesn't have the code by crimguy · · Score: 1

      It appears to be a design flaw coupled with errors in detection. The Intoxilyzer 5000 and 8000 models have spray shielding, but it doesn't prevent radio waves from entering through various ports and openings. The machine is supposed to detect radio waves that would potentially cause errors, and abort the test. That doesn't always seem to be the case.\ On an older machine (we don't have access to a new one, but can confirm RFI problems on them as well from interviews with the crime lab) we were able to introduce RFI during an alcohol-free test and bring the reading all the way up to a .220. Everyone in the room on that day was pretty shocked, to say the least.

    62. Re:The reason MN doesn't have the code by fishbowl · · Score: 1


      >Absolutely not, when using mouthwash an hour earlier can cause you to blow far over 0.00.

      Yeah, I carry a flask of Bushmill's 16 for mouthwash too, but I don't have delusions about it.

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      -fb Everything not expressly forbidden is now mandatory.
    63. Re:The reason MN doesn't have the code by fishbowl · · Score: 1

      You may not realize that Arizona judges face routine confirmation votes in at-large elections.

      Among other things, the sizeable Hispanic populations have a great deal of activism toward civil rights issues, and strong messages will be sent to judges that abuse their power.

      --
      -fb Everything not expressly forbidden is now mandatory.
    64. Re:The reason MN doesn't have the code by martinX · · Score: 1

      I can assure you that a standard drink is a "real" drink - that's what is served here, though other sizes can also be bought.

      That's why I included the link to the guide. You have to read the guide and apply it to your own situation. It is better to be informed than have to rely on guesses.

      I did assume the poster was male, but even then, as the guide says, the intake required to put someone over the limit will vary with many factors, such as weight. I knew a 4'9" girl who could basically drink nothing if she was driving. Mind you she was a cheap drunk when not driving...

      FWIW (1), the standard beer in my state was (until recently) the 10 oz "pot". I always found them a tad small and preferred pubs that served 15 oz schooners. Link here: http://en.wikipedia.org/wiki/Australian_beer
      You'll have to use the guide with your local serving size.

      FWIW (2), I seem to recall pubs here being warned about being too generous with wine servings, though how you pour your own glass (say, at a restaurant) is entirely up to you.

      Personally, I hate having to limit myself. 'tis better to get blasted and be in absolutely no doubt that you shouldn't be driving. Even if I'm at home. On the couch. Watching TV.

      --
      When they came for the communists, I said "He's next door. Take him away. Goddam commies."
    65. Re:The reason MN doesn't have the code by Renraku · · Score: 1

      I had one beer six hours ago.

      I drive to the store and get pulled over.

      Have I been drinking and driving? What if I had two beers? Or a beer an hour ago?

      Define a beer. Pint? 8oz? 12oz?

      This is why you can't just say 'don't drink and drive'. The best you can really do to assure that more people are able to drive is to give them numbers. Instead of using a confusing term like drink, use a term like 'unit of alcohol'. All alcoholic beverages will have a unit of alcohol count per serving. Bars are forced to keep unit of alcohol listings..maybe make them print it on the receipt along with what time it was ordered.

      Then someone can't say, "I'm so not drunk. I had one beer 6 six hours ago. It was only three gallons, but was only one drink."

      Instead, say it was 10 units of alcohol, so I would have had to wait 10 hours for that to be removed from my body. Say the legal limit is 3 units of alcohol. Seven hours to drive.

      --
      Job? I don't have time to get a job! Who will sit around and bitch about being broke and unemployed then?
    66. Re:The reason MN doesn't have the code by DaSwing · · Score: 0

      Or even from a more serious .12 to a less expensive and serious .9 or something borderline. Since when is a .12 more serious than a .9?
      --
      11. Thou shall obey Da mighty Swing
    67. Re:The reason MN doesn't have the code by Anonymous Coward · · Score: 0

      Nope. NEVER EVER have I had a beer at work. It 'never happens to me'.

      Never had a glass of wine out on a date

      Perhaps because you're addicted to alcohol it's

      IMPOSSIBLE

      for you to even fathom that there are people on this planet

      who do NOT drink alcohol. Not even a little bit.

      because some people do not like the effects of that substance

      Just because it is legal, doesn't mean one has to consume it in mass quantities

      If I wanted to become boorish and lacking any sense of respect

      I would quickly run to the nearest car with a hose

      pop the gas cap, stick it in, and suck until I'm unconcious.

      I'd rather burn one any day of the week.

    68. Re:The reason MN doesn't have the code by karmatic · · Score: 1

      Ahh, but then you are "evasive", and if the officer decides that you look like you _might_ have been drinking (all he has to say is you slurred your vision, or your eyes had some of the symptoms of being drunk, etc.), that's grounds for probable cause to take your blood and have it tested.

      Isn't it great - you have the choice whether or not to let them trample on your rights, and if you don't, it's probable cause to let them do it anyway.

    69. Re:The reason MN doesn't have the code by karmatic · · Score: 2, Informative
      Really, you don't have to take a blood test either. They can't force it.

      That's not the case in Arizona.

      Prior to implementing the DPS phlebotomy program, the department used hospital phlebotomists to draw blood if consent was given, when a breath screening device such as an Intoxylizer was not immediately available, or after the officer obtained a search warrant to secure blood evidence from a DWI suspect. But some civilian phlebotomists were hesitant to draw blood on uncooperative DWI suspects or after a search warrant had been secured, due to unfounded legal concerns.
      The Arizona DWI law allows physicians, nurses, or "other qualified persons" to draw blood during DWI investigations. It is important that the blood is drawn in a professional and expedient manner in every DWI investigation. ...
      When a suspect refuses to provide the requested test, the DPS officer applies for a search warrant from a judicial officer for obtaining samples of the suspect's blood. The warrant may be requested in person, via phone, or via facsimile; this process takes about 30 minutes. ... Those who physically resist are restrained while their blood is drawn.
    70. Re:The reason MN doesn't have the code by Unique2 · · Score: 1

      It possibly depends on the timing as MythBusters did this and found that using mouth wash right before being breathalyzed did increase your reading - so much so that you should have been dead had that reading been genuine. The effect may tail off very quickly but there could be a window in which you would appear intoxicated and alive.

      --
      No trees were harmed in the posting of this message. However, a great number of electrons were terribly inconvenienced.
    71. Re:The reason MN doesn't have the code by Unique2 · · Score: 1

      Beauty is in Eye of the Beholder

      You mean "Beauty is in Eye of the BeERholder".

      --
      No trees were harmed in the posting of this message. However, a great number of electrons were terribly inconvenienced.
    72. Re:The reason MN doesn't have the code by Unique2 · · Score: 1

      This is terrible advice for the UK and will get charged with failure to produce a breathalyser specimen which I believe is a year ban anyway!

      --
      No trees were harmed in the posting of this message. However, a great number of electrons were terribly inconvenienced.
    73. Re:The reason MN doesn't have the code by Caged · · Score: 1

      Actually... NO. I've NEVER EVER had a social drink and then got into a car unless it was at least 5 hours after I last consumed alcohol.

    74. Re:The reason MN doesn't have the code by Alioth · · Score: 1

      No. The laws in the US are almost comically not-harsh on drunken drivers.

      If you have a glass of wine out on a date, get a taxi home or get the bus home. It's really not that hard. If you don't want to get a taxi home, then tell your date, "I'm driving, I'll just have a $SOFT_DRINK". Or if you'd rather endanger other road users, well, carefully prepare what you'll say to the family of the person you may end up killing because the drink made you incompetent to drive.

      In this country, if you get busted for drink driving, a ban really means a ban - none of this "you're banned but you can still drive to work", which is pretty lame. It's really not that hard to NOT drink and drive. It's entirely willful and incompetent to drink and drive.

      I'm not "anti alcohol" to any extent, I frequently enjoy a few beers. But I don't drive afterwards. I bring enough money with me so I can get a taxi home.

    75. Re:The reason MN doesn't have the code by NMerriam · · Score: 1

      This is terrible advice for the UK and will get charged with failure to produce a breathalyser specimen which I believe is a year ban anyway!


      Same here in the states, but an administrative license suspension for a period of time is a lot easier to deal with than an actual DUI/DWI conviction -- that loses your license, plus costs you thousands of dollars, plus gets you a criminal record, plus makes you ineligible for some careers, plus...
      --
      Recursive: Adj. See Recursive.
    76. Re:The reason MN doesn't have the code by NMerriam · · Score: 1

      refusal to take a breathalizer is considered and admission of guilt.


      Only an admission of guilt is an admission of guilt. Which is not to say refusing a test has no consequences -- most states have penalties if you refuse the test, and those are separate from the DUI charges you can still get. Here in TX, it's an automatic 6-month license suspension if you refuse a test, and if they arrest you for DUI/DWI based on the officer's eyewitness evidence, they will then go and get a warrant and do a blood test to get an objective measure. But the license suspension for declining the test is a purely civil penalty -- part of the driver's licensing laws. It isn't a criminal conviction, it isn't an admission of guilt, it isn't anything but a civil violation and an inconvenience. It's a lot easier to live with than an inaccurately high roadside test will be -- that will affect you for the rest of your life.
      --
      Recursive: Adj. See Recursive.
    77. Re:The reason MN doesn't have the code by pongo000 · · Score: 1

      Keep in mind that in some states (Texas specifically, possibly others), refusal to take a Breathalyzer test when requested can result in an *automatic* suspension of your driver's license, whether or not you end up being convicted of DUI/DWI/whatever. That said, one should have already decided in advance whether or not they will refuse one...trying to decide at the time you're stopped is the wrong time to make that decision.

      (BTW, IANAL...but I do drive in Texas, and I believe the refusal to take the breath test is a penalty completely separate from the DWI/DUI laws...)

    78. Re:The reason MN doesn't have the code by fbjon · · Score: 1

      That window is very short, probably short enough that you can just hang around for a while for a second test, if you're unlucky and test positive because of it.

      --
      True confidence comes not from realising you are as good as your peers, but that your peers are as bad as you are.
    79. Re:The reason MN doesn't have the code by sgml4kids · · Score: 1

      When asked if you've been drinking, say no


      I know nothing of the law, but this is almost the stupidest advice I've ever heard.
    80. Re:The reason MN doesn't have the code by Wolvey · · Score: 1

      Waiting to take the test isn't always a good idea. A friend of mine had *just* finished several drinks before he hopped in his car and was pulled over. Lucky for him he complied and blew a borderline 0.08. It took a good hour before the cops let him go (a friend picked him up). Before he left, the cop suggested he blow again "just for fun" (good thing this was a nice cop) and he blew a 0.13, as the alcohol had more time to work its way through his system. He ended up *not* getting a DUI because of the borderline 0.08 result.

    81. Re:The reason MN doesn't have the code by nate+nice · · Score: 1

      That's true. If you drink and the leave right away. I'm referring to people who haven't had a drink at least a half hour before they get in their car.

      --
      "If you are a dreamer, a wisher, a liar, A hope-er, a pray-er, a magic bean buyer ..."
    82. Re:The reason MN doesn't have the code by nate+nice · · Score: 1

      You're completely wrong. It's a trick question they're asking you. If you say yes they will ask how many. It doesn't even matter what you say because as soon as you say yes, you're a suspected DUI.

      They ask everyone this question and whoever says yes will be asked to step out of their car.

      When they ask this and you say no, you're saying no to something that isn't defined. They ask "Have you been drinking?". What does this mean? Define drinking? Is it a drink, 5 drinks? To me, drinking means to go out and really drink. If I have a couple, that's not drinking.

      Cops use subjective terms to gather information to help them make choices. Telling a cop no when asked if you've been drinking will help you. Admitting guilt will never help you. IF they figure out you've been drinking and ask you why you "lied", tell them you didn't lie. You didn't feel as if you had been drinking and answered no because you felt it was the truth. Your interpretation of it is the cop was asking you if you are drunk. You didn't think you were and said no.

      --
      "If you are a dreamer, a wisher, a liar, A hope-er, a pray-er, a magic bean buyer ..."
    83. Re:The reason MN doesn't have the code by russotto · · Score: 1

      Taking a taxi home gets real expensive, real quick. For one thing, there's no regular taxi service to my home. Which means I'd basically have to hire a limo. For another, unless I got the limo to drive me TO wherever I'm having my drink or two, I'd have to get the car home somehow. And often overnight parking is not allowed, which means it could be towed.

      That's a lot of trouble to go through to have one or two drinks with a dinner out. Which, of course, is the point of these low-tolerance alcohol laws -- they are prohibition through the back door, the idea being to make it impractical to drink legally.

      As for taking the bus, while I technically could, it'd be a several hour trip... and also illegal, as the bus is a public place and there's public intoxication statutes.

    84. Re:The reason MN doesn't have the code by Anonymous Coward · · Score: 0

      Let your lawyer do the talking.

      And if I don't have a lawyer? Just front about having one?

    85. Re:The reason MN doesn't have the code by StikyPad · · Score: 1

      I bought a home breathalyzer, and by manipulating my breathing, I can alter the results +/- .05 in either direction from the "norm". And I'm just talking about minor things like how long I hold a breath before exhaling. A matter of 0-5 seconds can make a world of difference. Generally, the more air exchanged and the less time the air is exposed to the lungs prior to blowing, the lower the results. Exhaling deeply then inhaling deeply, then blowing immediately will give substantially lower readings. Hyperventilating first, lower still. Holding your breath, even for a couple of seconds? Might as well turn around and place your hands behind your back...

    86. Re:The reason MN doesn't have the code by nonsequitor · · Score: 1

      You're taking the discussion down a tangent. It doesn't matter what number the legal limit is, just so long as the tools we use to determine Guilt or Innocence are correct. If you are for all intents and purposes "sober" at 0.09 BAC, then good for you. However, the Law states that in most places 0.08 is the legal limit, regardless of your personal limits, so you will only have yourself to blame if you get pulled over and blow a 0.09. Take some personal responsibility, civilization is about each member making a small number of personal sacrifices so that everyone can live together in a civilized manner. I'm neither defending nor demonizing drunk drivers. That said, this is a discussion about the role of technology and its legal implications, not how many beers you can drink before getting behind the wheel.

    87. Re:The reason MN doesn't have the code by Danga · · Score: 1

      Nearly all states have consequences for refusing but those consequences are way less worse than a DUI conviction so unless you know you are under the limit you better refuse the tests in MA too. The advice is still valid in your state.

      Check out the following website or go to the MA dmv site too if you want to see that you are wrong thinking refusing is not a good idea:

      http://www.1800duilaws.com/states/ma.asp

      I know people who have gone through the process and have talked to attorneys who practice in states all across the US and everyone of them say DON'T TAKE THE BREATHALYZER! It can only be used against you. Think about it this way. If you are over the limit and take the breathalyzer then now they have hard evidence to use against you in court and you probably will get convicted of the DUI end of story. A lot of states also will automatically suspend your license if you blow over the limit so your license will be suspended no matter what anyway. In MA if you refuse your license is suspended for 180 days.

      So, if you are over the limit and refuse you will lose your license for 180 days but then after that you at least will be able to drive if you are not convicted of the DUI. If you do blow and are over then you will probably immediatly have your license suspended anyway PLUS if you are convicted (if you blow over the limit you probably will be convicted unless you can get them to lower the charge) you will lose your license for a year. I am not quite sure about how it works in MA but in IL the initial suspension for refusing the test is separate from the suspension after you are convicted so instead of subtracting the time you have already been without your license from the 2nd suspension you will have your license suspended for the total of the 2 suspensions (I think a first offense refusal and then conviction of DUI is 30 days plus 1 year).

      The breathalyzer can only do you harm unless you know you are under the limit. Since the machines do not seem very reliable anyway I don't see why you would even want to mess with it unless you absolutely know you are under the limit in which case you probably won't be questioned about drinking anyway (except at night when they ask EVERYONE that questions). Do you understand now?

      --
      Hey, there is only one Return and it's not of the King, it's of the Jedi.
    88. Re:The reason MN doesn't have the code by Danga · · Score: 1

      Most states I have lived in have similar laws and usually the breath test penalty is separate from the DUI penalties. While yes it would suck to have your license automatically suspended for some period of time it is MUCH less worse than giving them evidence which can then be used to convict you of a DUI/DWI which will then cause you to lose your license for a longer period of time, cause your insurance rates to skyrocket, make you unable to get some jobs, etc. Also, you have a much higher chance of getting a charge lowered to at least reckless driving if the prosecuter does not have a breathalyzer test showing you were over the limit. IANAL either but I know many from many different states as well as police officers and every single one of them say to refuse the test unless you are absolutely sure you are under the limit.

      Even if you KNOW you are under the limit the machines can still be faulty so you still would be putting yourself at a slight risk by taking the test. Why give them something that can only be used against you (if you have had ANYTHING to drink). Down here in AZ even if you are under the .08 limit they have "impaired to the slightest degree" which means they can still convict you of the DUI even if you are under the legal limit and you are legal to drink so if you take the breathalyzer and are under the limit it still can be used to prove you had alcohol in your system which is all that is needed in some cases.

      --
      Hey, there is only one Return and it's not of the King, it's of the Jedi.
    89. Re:The reason MN doesn't have the code by Danga · · Score: 1

      I'm not "anti alcohol" to any extent, I frequently enjoy a few beers. But I don't drive afterwards. I bring enough money with me so I can get a taxi home.

      Well you are lucky to live in an area that actually has taxis and probably other forms of public transportation. Over here in the US there are huge areas that have absolutely no public transportation available which is why people are still allowed to drive to work in some cases after they have gotten a DUI charge/conviction (usually only if it is the first one). In the states I have lived in you needed to prove that there is no other way for you to get to work such as by bus,train,etc so it is not like they just hand them out.

      In my opinion it is comical to not allow someone who has made one mistake to be able to get to work/doctors/school/etc. You will be in pretty big trouble if you are caught driving when you are not supposed to be so everyone I know who has had a work permit only used it to get to work and back, they were absolutely no danger (alcohol impairment wise) to others on the road. You really would rather have them lose their job,etc over one mistake? If it is the persons second time then hell yeah don't give them a work permit (all the states I have lived in do not have a permit available for non-first timers), but a first timer deserves a break and will probably learn a lesson and not repeat the same mistake so making his life even more of a hell than it already becomes when charged with a DUI seems like overkill. Besides, the drunks who really need to be taken off the road could care less if they have a license or not, they are going to drive anyway so these restricted permits do not really even apply to the dangerous ones.

      You don't live you so you have no idea how it is so your advice does not apply.

      --
      Hey, there is only one Return and it's not of the King, it's of the Jedi.
  11. Re:DUI laws are just the second coming of prohibit by Nos. · · Score: 1

    I'll agree with you up until his final point:
    PS People who drink and get into accidents should be prosecuted as if they had reckless intent.
    Which I happen to agree with.

  12. Re:DUI laws are just the second coming of prohibit by omkhar · · Score: 1

    That is really the stupidest thing I've ever heard anyone say on Slashdot (that's saying a lot).... good god you're a moron

  13. I like the "substitution" by Anonymous Coward · · Score: 0

    I like the part about "diagnostics substitute a favorable reading" for out of range values. Very nice. The sensor mechanism could be totally foo-bared, but the diagnostics (which are supposed to catch the foo-bar) simply substitute a favorable reading. Nice.

    1. Re:I like the "substitution" by Anonymous Coward · · Score: 0

      h00ray to closed source c0d3!

      (that's their trade secret, you kno)

  14. Re:DUI laws are just the second coming of prohibit by MightyMartian · · Score: 1

    Statistically, intoxicated drivers are far more likely to be involved in fatal car accidents than any other group out there (save perhaps the legally blind, who don't often get into the drivers seat of a car, one will note). There is a clear correlation between drinking and driving and injuring, maiming and killing people (including the driver, passengers and any poor bastard that gets in the way).

    --
    The world's burning. Moped Jesus spotted on I50. Details at 11.
  15. How do you know this IS the code? by Werrismys · · Score: 1

    How can you know for sure this source code is what ran the breathalyzerthingie in question? Unless every result also prints a checksum against the current firmware and RAM, this is useless. I assume the machine IS reseted after every measurement to a known state.

    --
    'Once scientists, even the dim-witted social scientists, get muzzled, the Western Civilization is finished.' - oldhack
    1. Re:How do you know this IS the code? by poetmatt · · Score: 3, Informative

      The article states that the opposite is what occurs.
      from http://www.duiblog.com/2007/09/04/secret-breathaly zer-software-finally-revealed/ - 10. Error Detection Logic: The software design detects measurement errors, but ignores these errors unless they occur a consecutive total number of times. For example, in the airflow measuring logic, if a flow measurement is above the prescribed maximum value, it is called an error, but this error must occur 32 consecutive times for the error to be handled and displayed. This means that the error could occur 31 times, then appear within range once, then appear 31 times, etc., and never be reported... . So yes, they did look over the source code, they had a judge approved expert witness (aka someone who works with this stuff as their job)

  16. Re:DUI laws are just the second coming of prohibit by Anonymous Coward · · Score: 0

    For the record, it's also illegal to drive if you're legally blind, under most circumstances. One of my best friends is legally blind. He does not have a driver's license; he was told that if he were to apply for a license, he probably wouldn't be given one, and if he were given one, it would have clear restrictions only allowing him to drive in rural areas and during daylight.

    So, yes, the GP is in idiot. There are laws barring other groups of impaired people from driving.

  17. Trade Secrets by CopaceticOpus · · Score: 4, Insightful

    My guess is that 99% of proprietary code contains a big trade secret: The secret of just how crappy the source code really is.

    If they were expecting their code to be opened to the public, they would have taken the effort to fix up "spaghetticode.inc" which contains the single comment "//This works though i'm not sure why... clean up l8r!!!!".

    1. Re:Trade Secrets by cool_arrow · · Score: 1

      Sometimes proprietary code is the result of lots of hard work which gives you a competitive advantage. When you have a good product sometimes your competitors will go to great lengths to copy your product. Not necessarily true in this case however.

    2. Re:Trade Secrets by scott_karana · · Score: 1

      Wait, what? Is there something innately bad about proprietary code? (Badly written, not evil. I'm not touching that debate with a ten foot pole.)
      Shitty code coming from pork-barrel contractors doesn't preclude the possibility of some software companies actually, you know, caring about the products they make. Hell, sometimes said products get open-sourced later in life!

  18. Re:DUI laws are just the second coming of prohibit by mikerubin · · Score: 1

    yeah, but...
    DUI is DUI, and perhaps reckless endangerment is one of the things they try you on (no experience)
    but the poster is right - there are many more things that need to be looked at when issuing a license other than "read this chart"

    --
    I sat down to write a new sig tonight and all I did was make the chair warm.
  19. Re:DUI laws are just the second coming of prohibit by QuantumG · · Score: 1

    As much as I agree with everyone else who has replied to you and said you're an idiot.. I can make a better point against drink driving laws: until harm is done, no charges should be pressed. If you're driving erratically, the police should have the right to take you out of your car and deliver you home, leaving your car, locked, on the side of the road. Being charged for a crime that *might* have occurred is just wrong.

    --
    How we know is more important than what we know.
  20. What, it can't be a trade secret that... by Jafafa+Hots · · Score: 1

    ... there's no real secret to making your product? I can see companies wanting to hide that!

    --
    This space available.
    1. Re:What, it can't be a trade secret that... by Jaxoreth · · Score: 1

      ... there's no real secret to making your product? I can see companies wanting to hide that!
      Ah, but that's not a mere trade secret -- that's a meta-trade-secret.
      --
      In general, it is safe and legal to kill your children. -- POSIX Programmer's Guide
  21. The entire 12 problems by poetmatt · · Score: 5, Informative
    Please read here at http://www.sandiegodrunkdrivingattorney.net/2007/0 8/successful-dui-breath-test-machine.html where they have all the information on the flaws. I will post the summary line of each result from Base one (link to their homepage) as follows:

    1. The Alcotest Software Would Not Pass U.S. Industry Standards for Software Development and Testing
    2. Readings are Not Averaged Correctly: When the software takes a series of readings, it first averages the first two readings.
    3. Results Limited to Small, Discrete Values: The A/D converters measuring the IR readings and the fuel cell readings can produce values between 0 and 4095.
    4. Catastrophic Error Detection Is Disabled: An interrupt that detects that the microprocessor is trying to execute an illegal instruction is disabled
    5. Implemented Design Lacks Positive Feedback: The software controls electrical lines, which switch devices on and off, such as an air pump, infrared source, etc. The design does not provide a monitoring sensory line (loop back) for the software to detect that the device state actually changed. This means that the software assumes the change in state is always correct, but it cannot verify the action.
    6. Diagnostics Adjust/Substitute Data Readings: The diagnostic routines for the Analog to Digital (A/D) Converters will substitute arbitrary, favorable readings for the measured device if the measurement is out of range, either too high or too low.
    7. Flow Measurements Adjusted/Substitute d: The software takes an airflow measurement at power-up, and presumes this value is the "zero line" or baseline measurement for subsequent calculations.
    8. Range Limits Are Substituted for Incorrect Average Measurements: In a manner similar to the diagnostics, voltage values are read and averaged into a value.
    9. Code Does Not Detect Data Variations
    10. Error Detection Logic: The software design detects measurement errors, but ignores these errors unless they occur a consecutive total number of times
    11. Timing Problems: The design of the code is to run in timed units of 8.192 milliseconds, by means of an interrupt signal to a handler, which then signals the main program control that it can continue to the next segment.
    12. Defects In Three Out Of Five Lines Of Code: A universal tool in the open-source community, called Lint, was used to analyze the source code written in C. This program uncovers a range of problems from minor to serious problems that can halt or cripple the program operation.

    Sorry if this is redundant, I didn't see it listed anywhere that I could tell up front. If you note that list is pretty serious. They picked a "top 5" type thing for the other link, but this one is pretty accurate. Note these guys were called in as expert witnesses and their information on their website shows they have extensive experience working with government. If these guys find flaws that is definitely pretty serious.

    1. Re:The entire 12 problems by Anonymous Coward · · Score: 0

      12. Defects In Three Out Of Five Lines Of Code: A universal tool in the open-source community, called Lint, was used to analyze the source code written in C. This program uncovers a range of problems from minor to serious problems that can halt or cripple the program operation. Great. Not only are the folks coding the breathalizer idiot, not the folks analyzing the code are morons too.

      Lint message != defect.

      In most cases, all it means is that the programmer wasn't as anal retentive as the folks who maintain lint.

      Yes, lint is good, but describing lint as "universal" and identifying the number of LOC flagged by lint as the number of LOC with defects is just plain stupid.

    2. Re:The entire 12 problems by Tuoqui · · Score: 1

      Is this anything like the 12 step program in AA?

      --
      09F911029D74E35BD84156C5635688C0
      +2 Troll is Slashdot's way of saying groupthink is confused
    3. Re:The entire 12 problems by Jeffrey+Baker · · Score: 1

      Oh, no! Only 4096 levels! Heavens!

      A 12-bit DAC is perfectly suitable for this type of thing. What were you hoping for?

    4. Re:The entire 12 problems by Anonymous Coward · · Score: 2, Informative

      You should have read that report. The code takes the 12-bit output and does a >>8 for no reason other than to get a nice number. Are 16 levels accurate enough for you? Then they point out that when the IR calculations are factored in it does a further >>1, giving 3 bits of accuracy. That leaves the reported accuracy (in tenths) smaller than the measured accuracy (in eighths).

      I've done enough device bios coding to know you hoard those bits from a DAC like they were diamonds until the last possible calculation. This isn't sloppy, it's horrific.

    5. Re:The entire 12 problems by Anonymous Coward · · Score: 0

      The Alcotest Software Would Not Pass U.S. Industry Standards for Software Development and Testing

      Of course it would. It compiles, so ship it.

    6. Re:The entire 12 problems by Dachannien · · Score: 1

      The summary sentences in many cases don't describe the whole beef, since all you did was take the first sentence from each numbered point. I encourage folks to read the first linked article.

      1. Who cares. As long as the device functions properly from empirical evidence, who cares whether the code looks like shite or was tested in-house sufficiently.

      2. The machine obviously doesn't correctly calculate the average, but it's not clear that the way it *does* combine these values is necessarily wrong. The sum of the values is still a weighted combination of the values where the total weight equals 1.

      3. The summary line you quoted doesn't actually state the problem. I'm not an expert on this kind of device, though, so I can't tell whether the loss of precision they're talking about (supposedly down to 4 or 3 bits for one of the devices) has a substantial impact on the answer returned.

      4. In the very unlikely event that the firmware on the device were somehow corrupted, it's possible that the processor would simply halt upon receiving an illegal instruction with no interrupt possible. This, of course, depends on the processor. On some processors, this would be counted as a double exception, which would cause a processor halt. In any case, the device would always fail completely, and likely would return no answer. Also, watchdog failure would likely result in a nonsensical answer or no answer at all.

      5. This probably is bad design, but it's likely that in such a case, the device would provide a nonsensical reading if one of the devices failed. In fact, it would be more likely that a partial, undetectable failure of one of those devices would cause an in-range bad answer than for a total failure of one of those components to do so.

      6. As long as the diagnostic routine calibrates the device so that spurious noise from one of its devices is normalized, this shouldn't be a problem ("arbitrary, favorable readings" is an arbitrary and favorable-for-the-defense term, when it actually just provides the saturated answer for an out-of-bounds measurement). If the device is providing spurious readings often enough to dramatically shift the calibration, then this should be flagged. It's unclear whether any device of this type returns occasional spurious readings, but even if they do, that doesn't necessarily mean they're broken, and some noise can be averaged away.

      7. As long as the device is powered up under proper conditions (zero airflow in the tube, most likely, though this isn't discussed), this should be fine unless the device is used without powering it down for a very extended length of time (as in, long enough for wear and tear to cause alteration of the physical characteristics of the machine). It's not clear whether by "positive number" they mean zero, or greater than zero, and it's not clear that a spurious below-baseline airflow reading indicates anything beyond varying environmental conditions.

      8. It's not mentioned whether a saturated reading from these instruments results in a failure of the device to calibrate later on.

      9. WTF does this mean? The article didn't provide any more details than that, either.

      10. This seems like a legitimate complaint, since a large number of spurious responses - but less than numerous consecutive failures - could indicate imminent failure of the device.

      11. This section was either poorly described or just wrong. It sounds like the free-running timer loop signals the main loop to do something - whatever's next on the list - every 8.192 ms. But if I'm getting what they're saying, then it sounds like this is the right way to design the code. If you enter a tight sampling loop, then you can rely on the loop executing every 8.192 ms (or a known/calculable/measurable multiple thereof). If you cause the interrupt to occur 8.192 ms after the last iteration of that loop completed, then you also have to calculate the time to execute the loop's code and add it to the 8.192 ms. However, the device app

    7. Re:The entire 12 problems by Swaffs · · Score: 1

      Is there any jurisdiction that uses an Alcotest as the only test? Here we use the Alcotest 7410 GLC to screen people, who, if they fail, are brought back to the office for a test on a more accurate instrument. I've never known the Alcotest to be wrong.

      --

      --
      "Karma can only be portioned out by the cosmos." - Homer Simpson [1F10]

    8. Re:The entire 12 problems by poetmatt · · Score: 1

      Okay, I don't understand the software as well as most people but from what I have read almost every issue here is extremely significant.

      First, on a government standard, if you make something a government standard, you damn well better have tested it in every condition that exists due to a: variation (note, that is a concern here) and b: gross incompetence by some cops (most may be smart, but you know how extremes get). If you had read the other comments they clearly state that it does a very unscientific average. Think of it that you could round in your head mentally in a more accurate fashion.

      Although I'm glad you read the article, I think your understanding doesn't seem to match the consensus of the other legitimate information offered by people on slashdot.

      And a field sobriety test? That thing is subjective. Thats like me watching someone walk down the street and saying "you're drunk". PAH. Not everyone is either a: good with balance, or b: drunk. You know something about late nights? It's called being TIRED. It's been proven thousands of times that being tired is the equivalent of drunk. Should we go all "lets make a law against sleepy drivers?" no, it's damn near impossible (because some people have to drive overnight, it'd be too ambiguous). You want me to find your during your sleepiest hours (lets say thats daytime even, for the 3rd shift workers) and give you a breathalyzer test and make you spend a day down at county just because I "thought" like you might be drunk?

      You do realize the basis of law is fact and not in any single way intended or supposed to be opinion. Law does not allow "I think, I feel, in my opinion". In any law case you can object to anything someone says if it is an opinion. The only thing admissable is fact. So yes, when you want to introduce something that is an intuitive "feeling", please note that the law doesn't accept such things. Thats why like 90% of expert witnesses never make it to trial, and also why if you had any legal knowledge you'd know how impossible it is for you to be ticketed for things like speeding (and why lawyers never get speeding tickets). Thats why racial profiling isn't acceptable, even if many people fit a stereotype.

  22. Re:DUI laws are just the second coming of prohibit by Anonymous Coward · · Score: 0

    Should shooting a gun at a crowd be legal if by some chance you happen not to hit anyone?

  23. Re:DUI laws are just the second coming of prohibit by Surt · · Score: 4, Insightful

    The unfortunate reality that the laws are trying to deal with, though, is that it is essentially impossible for law enforcement to spot all the drunks on the road, and deliver you home as you suggest (imagine the logistics of that: you could put all the police in this country on that duty full time!, and still not have enough cops).

    Worse, it won't even be near to possible for them to indentify all of the sufficiently impaired so as to protect the rest of us from their idiocy.

    What drunk driving laws do is create an incentive for everyone to voluntarily police themselves, and to act more responsibly. If you know you run a risk of a long incarceration just for drunk driving, you may not take my life into your hands by getting behind the wheel and driving the same roads as I do. If you (or most of these drunk idiots) know that the only penalty for getting caught is being taken home, then you'll be much more encouraged to just take your chances with my life, rather than deal with the inconvenience and cost of a taxi ride.

    Drunk driving laws disencentivize behaviors on an individual basis that normally have unfortunate incentives on an individual basis, but have an extremely high average cost for the rest of society. This is also why no-sleepy-driving and no-cellphone-driving laws are a similarly good idea.

    --
    "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
  24. Re:DUI laws are just the second coming of prohibit by Anonymous Coward · · Score: 0

    I don't have the statistics on hand, but I believe Asian females are several times more likely to cause accidents than drunks, yet they continue to be allowed to drive at all times. Even drunks are allowed to drive when they're sober.

  25. Gotos considered harmful by benhocking · · Score: 4, Funny

    Have you looked carefully at your code to see what happens if you're not drunk? Personally, I'd like to see an exit(0); in that else section.

    --
    Ben Hocking
    Need a professional organizer?
    1. Re:Gotos considered harmful by Refenestrator · · Score: 1

      I think he intended that.

    2. Re:Gotos considered harmful by Ambiguous+Coward · · Score: 1

      Everyone knows collect() implicitly exits, returning to the system the amount not owed for federal, state, and local taxes.

      --
      Their may be a grammatical error, misspeling, or evn a typo in this post.
  26. Re:DUI laws are just the second coming of prohibit by danpat · · Score: 1

    Given how high the likelihood of an accident is when a drunk driver is behind the wheel, and given how serious the accidents can get when they occur, don't you think it's bordering on criminal to drive a car while drunk?

    It sounds like you're saying that if you walk down a street, randomly firing your automatic weapon in all directions that the cops should be allowed to disarm you and send you on your way, but you shouldn't be charged with anything unless you actually hit someone or damage something.

    Anyone who puts themselves in control of a speeding chunk of steel while drunk should be charged with reckless endangerment IMO.

  27. Here's one for the mythbusters... by mathfeel · · Score: 4, Funny
    FTA:

    "7. Flow Measurements Adjusted/Substituted: The software takes an airflow measurement at power-up, and presumes this value is the "zero line" or baseline measurement for subsequent calculations. No quality check or reasonableness test is done on this measurement..."

    So, if I blow into the device as soon as it boots, I will always be tested negative??
    --
    The only possible interpretation of any research whatever in the 'social sciences' is: some do, some don't
  28. So you can't refute his arguments. Gotcha. by FatSean · · Score: 1

    Is this when you come back with "My brother/sister/foster-mother/lover was killed by a Drunk Driver and attempt an appeal to emotion?

    --
    Blar.
  29. Re:DUI laws are just the second coming of prohibit by Xolotl · · Score: 1
    If you're driving erratically, the police should have the right to take you out of your car and deliver you home, leaving your car, locked, on the side of the road. Being charged for a crime that *might* have occurred is just wrong. Let's look at it this way. You pass the driving test and get a license on the tacit basis that your judgement and reaction times are within certain norms. Alcohol reduces reaction time (measurably) and affects judgement (measurably). So driving under the influence, even if you are not driving erratically at the time, you are no longer driving within the terms under which your licence was issued. This is equivalent to driving without a licence.

    Let me ask another question: would you be willing to let a surgeon found trying to operate continue? Or would you have him stopped and removed from theatre, even if he appeared to be behaving normally? Or an airline pilot?

  30. Re:DUI laws are just the second coming of prohibit by QuantumG · · Score: 2, Insightful

    Whenever there is a fine involved, it becomes no longer about social good, but about revenue raising.

    In California, for example, police statistics have shown that crash rates did not go down when stronger DUI laws were enacted. Inherently, driving a vehicle is the dangerous activity.. drink driving just gives people an acceptable scapegoat.

    --
    How we know is more important than what we know.
  31. Re:DUI laws are just the second coming of prohibit by mathfeel · · Score: 1

    By your logic...if someone was caught bringing high explosive onto an airplane (he can be drunk and stupid, who knows?), he should be simply send home because he didn't to kill any body??

    --
    The only possible interpretation of any research whatever in the 'social sciences' is: some do, some don't
  32. My problem with the 12 problems... by Actually,+I+do+RTFA · · Score: 1

    2. Readings are Not Averaged Correctly: When the software takes a series of readings, it first averages the first two readings. Then, it averages the third reading with the average just computed. Then the fourth reading is averaged with the new average, and so on. There is no comment or note detailing a reason for this calculation, which would cause the first reading to have more weight than successive readings. Nonetheless, the comments say that the values should be averaged, and they are not.

    The first point seemed unreasonable, as temporary code will always make it in, and such. But my main problem is with the second point (after which I stopped reading). The first reading has the least weight, and each subsequent value has more weight than previous readings. The inability to get such a simple detail correct casts a huge pale over their entire analysis.

    --
    Your ad here. Ask me how!
    1. Re:My problem with the 12 problems... by poetmatt · · Score: 1

      In a firmware object temporary code should not and will not make it in, as such. That is not even remotely acceptable. Thats why there are betas and there are releases. The beta isn't a release until its finalized. I saw nothing incorrect. Did you even read the link I provided? It seems not. Here was the entire #2, as you interpreted it (pun intended).
      2. Readings are Not Averaged Correctly: When the software takes a series of readings, it first averages the first two readings. Then, it averages the third reading with the average just computed. Then the fourth reading is averaged with the new average, and so on. There is no comment or note detailing a reason for this calculation, which would cause the first reading to have more weight than successive readings. Nonetheless, the comments say that the values should be averaged, and they are not. Please read more carefully before you make incorrect phrases. The last reading has the least weight, as the first one determines the average. It's basically using a mean instead of an average. What this means is each reading could increase or decrease the score, as opposed to being consistant. If you take 3-4 tests each one could show you as "more drunk" when you might have started at .06 and ended at .30 (as an extreme example) or started at .15 and ended at .03.

    2. Re:My problem with the 12 problems... by Myrv · · Score: 4, Informative

      Please read more carefully before you make incorrect phrases. Perhaps you should take your own advice to heart because as the previous poster noted, you are wrong.

      The last reading has the least weight, as the first one determines the average Nope, given the description you have so nicely put in bold the first reading is the least signficant.

      Take 3 readings, say 1 2 3 for the sake of argument. The text says the first two are averaged, so:

      (1+2)/2 = 1.5

      Now this average is averaged with the third reading

      (1.5+3)/2 = 2.25

      or in full

      ((1 + 2) /2 + 3) /2 = 1/4 + 2/4 + 3/2

      Note the 3rd point is weighted twice that of the first 2 (i.e, its divided by 2, the first two points are divided by 4).

      The real average should be:

      (1+2+3) / 3 = 2

      but the last point is being weighted more in the incorrect version so the average was given as 2.25

      If the first point was weighted more you would expect the average to be less than 2.

      It's basically using a mean instead of an average. mean and average are the same thing.

      What this means is each reading could increase or decrease the score, as opposed to being consistant. If you take 3-4 tests each one could show you as "more drunk" when you might have started at .06 and ended at .30 (as an extreme example) or started at .15 and ended at .03. No, it's not. Each subsequent reading is basically being averaged into previous value with double the weight. There are cases where you would want to do this, i.e. damp out the history, but the code comments suggest this wasn't the case (of course the code may have been changed on purpose and somebody forgot to change the comments)
    3. Re:My problem with the 12 problems... by Chapter80 · · Score: 2, Informative
      Sorry, Poetmatt, I think your math is wrong. I read the whole paragraph and thought EXACTLY as the parent thought - that they have it backwards - the LAST reading has the most weight - a full 50% of the weight. The second last has 25%, the third last has 12.5% weight, and the rest combined make up the other 12.5%.

      Of course it really makes a difference what they mean when they say that successive readings are averaged in. For example, if they averaged the first 2, and stored the result, and then averaged the 3rd with 2 times the stored result, then this would be correct averaging. And if they took the average of the first 29 readings, and multiplied it by 29 and then averaged in the 30th one, all would be fine as well.

      Sort of makes you want to SEE THE SOURCE CODE TO MOUNT A DEFENSE!

    4. Re:My problem with the 12 problems... by poetmatt · · Score: 1

      I retract and apologize for misunderstanding. However, a mean is not an average. I'm not about to open that can of worms. Regardless, you are correct, but my statement was as well. Although I was incorrect on the math, would that not be as I said that the more times you blow could average the readings higher or lower? Just checking.

    5. Re:My problem with the 12 problems... by poetmatt · · Score: 1

      as I said to the other poster, I apologize for the lack of ability to edit posts and correct myself. Alas, slashdot :) Read my response to the other person who replied for my thoughts on the rest :) I don't want to repeat self.

    6. Re:My problem with the 12 problems... by Jtheletter · · Score: 2, Informative

      I retract and apologize for misunderstanding. However, a mean is not an average.
      While I applaud you for admitting your error, as most on /. never will when called out, you're being overly pedantic about the mean-average relationship. The arithmetic mean is a type of average, so technically, yes, the mean is an average. There are different kinds of averages: mean, median, and mode specifically. But it is incorrect to say the mean is not an average, just as it is incorrect to say that a square is not a rectangle, it is merely a specific type of rectangle.
      --
      -- I'm not a pessimist, I'm a realist. It's not my fault that life sucks so much. --
    7. Re:My problem with the 12 problems... by poetmatt · · Score: 1

      semantics semantics. I understand, and anytime someone teaches me something I welcome it. Why some people don't is beyond me. As much as I have my days of stupids someone willing to correct me with fact will always get an apology/open ear at all times. And yes, I was taking mean as more of a median/mode, I guess I forgot the million styles. Now, given that the "last result has the highest impact", how much of a theoretical difference are we talking?

  33. Re:DUI laws are just the second coming of prohibit by Anonymous Coward · · Score: 0

    That's not a very good argument. Driving under the influence of alcohol is illegal. Therefore, doing it is breaking the law regardless of whether or not you injure someone else. We can add on to that that driving is a privilege, not a right, and that every driver has a responsibility to drive safely. Impaired driving (without regard to the source of impairment) is inherently unsafe and puts everyone else on the road at risk of injury or death. That risk is high enough to justify restricting or revoking said privilege until the impairment is no longer a problem. If we follow your argument to it's logical conclusion then attempted murder would often not be a crime. Nor would sexual assault unless "harm" was done. Harassment and stalking are fair game. Maybe it depends on how you define harm.

    On top of that your proposal would leave roads and highways littered with several-thousand-pound, stationary, car-like obstacles that would make your evening commute more like Spy Hunter than you'd really like. Maybe a better option would be to impound your car and let you pay a nice hefty fine for the privilege of being a jackass and unnecessarily putting other people at risk.

    Or just don't drink and drive. That works 100% of the time it's tried.

  34. Re:DUI laws are just the second coming of prohibit by QuantumG · · Score: 1

    Yeah, you're right! And if someone has a pet dinosaur and they take it into a movie theater, shouldn't they have to buy everyone extra popcorn?

    Cause that's about how stupid your argument is.. if you can't participate in an adult debate without making stupid analogies or appealing to emotional crap, don't participate.

    --
    How we know is more important than what we know.
  35. Re:DUI laws are just the second coming of prohibit by QuantumG · · Score: 1

    That's not a very good argument. Oh really, let's look at yours then.

    Driving under the influence of alcohol is illegal. Huh? What does current law have to do with what is right?

    Therefore, doing it is breaking the law regardless of whether or not you injure someone else. No shit, that was my argument.

    We can add on to that that driving is a privilege, not a right, and that every driver has a responsibility to drive safely. Uh huh. What makes you think that? Current law? A car is property. I have a right to use my property. If you want to say something like "who is and who isn't allowed to drive on public roads is at the discretion of the public" then I'm willing to accept that assertion, but it seems to me that such a thought never entered your mind.

    Impaired driving (without regard to the source of impairment) is inherently unsafe and puts everyone else on the road at risk of injury or death. So, for example, disabled people shouldn't be allowed to drive.. and cyclists or vehicles without good pickup shouldn't be allowed on public roads.

    That risk is high enough to justify restricting or revoking said privilege until the impairment is no longer a problem. If police only pulled over people who were driving dangerously, sure.

    If we follow your argument to it's logical conclusion then attempted murder would often not be a crime. Nor would sexual assault unless "harm" was done. Harassment and stalking are fair game. Maybe it depends on how you define harm. And now the conversation is over. Because you can't help yourself from making an emotional argument.

    --
    How we know is more important than what we know.
  36. Sorry, you can't hide behind a "trade secret". by WebCowboy · · Score: 4, Interesting

    That they don't have any funky algorithms does not mean that the firmware is not a trade secret.

    Then what DOES make something a trade secret? The mere fact the software is compiled and/or programmed onto a chip? An EULA? An"anti-circumvention device" as defined by the DMCA? Seriously, where should we draw the line with "trade secrets" when it comes to protective legislation? The only "trade secret" revealed here is the fact that the manufacturer in question embedded alpha-quality software in a product released to production. That sort of a "trade secret" is generally considered willful negligence or fraud.

    It still takes significant engineering/test/validation effort to get to a working device.

    It is apparent that little to no such QA was done on this particular device, which to me sounds like a grave mistake considering the device is trusted to keep drunk drivers off the road. Keep in mind that this device is theoretically able to report just as many false negatives as false positives, do not only would it be possible for a sober driver to be falsely charged with a DUI (as this lawyer claims) it is also possible that countless drunk drivers falsely blew UNDER the limit and were allowed to continue on their way and put others in harms way. That could be considered criminal negligence on the part of those who engineered this device.

    Just because it takes effort (in time and money) "to get a working device" even when there is nothing novel in its functionality does not mean that those putting forth the effort should be able to hide from scrutiny behind a "trade secret". The systems I work on are sometimes involve safety interlocks. My employer subjects their software division's development practices to audits from government agencies. Our clients often stipulate that they must have access to source code (though since we are a closed-source shop we never grant redistribution rights). Even if there are novel implementations or "trade secrets" there are legal instruments to accommodate for them and still remain accountable.

    These "breathalyzer" devices used in the field are far from trade secrets--I remember plans for one in Radio Electronics years ago that was said to be quite reliable as a preliminary measurement device (didn't report a specific value, but had a "traffic-light-interface" of 3 LEDs). The "trade secret" excuse is flimsy and shameful. It is worse than the whole Diebold voting machine debacle because it can directly affect a person's safety and well-being.

    1. Re:Sorry, you can't hide behind a "trade secret". by Graff · · Score: 2, Informative

      Then what DOES make something a trade secret? According to the Uniform Trade Secrets Act:

      (4) "Trade secret" means information, including a formula, pattern, compilation, program, device, method, technique, or process, that:
      (i) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use, and
      (ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. Now in this case the algorithms in the breathalyzer code are generally known to the rest of the industry so the likelihood that the code contains trade secrets is pretty low. If the breathalyzer used a revolutionary, and probably patentable, method to measure the blood alcohol level then the code would be covered under the Uniform Trade Secrets Act and other relevant civil law.

      It's very likely that the breathalyzer manufacturer is just using the concept of a trade secret in order to obstruct any potential court cases from using the code to nullify the breath tests. In the case of this code it seems that it is deeply flawed and the results will very likely be thrown out of court.
    2. Re:Sorry, you can't hide behind a "trade secret". by jbengt · · Score: 2, Informative

      "derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means . . . "
      The way I read that, it's protectable as a trade secret, because they can make more money selling the thing if they keep the crappy code a secret - if it gets leaked, they could lose a lot of sales if anyone cares about quality.

    3. Re:Sorry, you can't hide behind a "trade secret". by Graff · · Score: 1
      If you read down the link that I posted then you'll see this bit of text:

      The language "not being generally known to and not being readily ascertainable by proper means by other persons" does not require that information be generally known to the public for trade secret rights to be lost. If the principal persons who can obtain economic benefit from information are aware of it, there is no trade secret. A method of casting metal, for example, may be unknown to the general public but readily known within the foundry industry. This means that if the material is generally known to an industry then it is not considered to be a trade secret. As a chemist I can tell you that it is pretty unlikely that Draeger, the manufacturer of the device, has come up with a novel way of testing for ethanol. The device uses infrared spectroscopy and oxidation by a fuel cell to determine the amount of ethanol and both methods are generally well understood testing methods by the chemical industry.

      The likelihood is that Draeger is just using the words "trade secret" to obfuscate the operation of their device to head off lawsuits.
  37. Couple problems with that by Sycraft-fu · · Score: 1

    The biggest is that many people don't know that, and most aren't told. You are correct that many jurisdictions all you to choose a blood test. Also many allow you to demand that a separate sample is kept your your defense team to send to their own lab. However I've never heard of any jurisdiction where they have to tell you that. So it's the kind of thing most people just aren't going to know. They assume that the breathalyzer is accurate and don't know to challenge that.

    This is especially true because unfortunately, DUI cases aren't treated quite like others with regards to rights. While you can get a lawyer and all that the police will tell you, and they'll be right, that if you refuse the test you'll face severe penalties just for refusing. Thus you can see how people would consent without knowing their rights and without consulting council.

    Another problem is simply one with the idea of a blood test itself. Many people, like me HATE needles. I'd hate to be in the position of either having to have something done to me that scares me, by someone I don't trust, or being convicted based on bad evidence. In addition to that there are religions that object to blood tests. So it's kind of unfair to say that you have to do something against your religion to prove your innocence, seems more like they should just make their fucking device work.

    So yes, you probably have that right (as always, this is not legal advice, talk to a lawyer in your jurisdiction and such if you need such advice) but the question is do you know it and will you be of present enough mind to exercise it?

  38. Re:DUI laws are just the second coming of prohibit by ProfBooty · · Score: 1

    Per http://www.california-drunkdriving.org/alcohol_tol erance.html [california...riving.org] there have been studies showning that alcoholics with BAC levels in the leathal range not showing any signs of impairment. So anyone charged with driving in excess of a level doesn't mean that they are actually impaired.

    --
    Bring back the old version of slashdot.
  39. Except CELL PHONE USERS by Anonymous Coward · · Score: 0

    Where have you been?

  40. Re:DUI laws are just the second coming of prohibit by jafiwam · · Score: 2, Insightful

    Actually, I can tell you here in my (great drunk driving state of WI) that drinking while blasted does increase the probabilty of causing an accident.

    And, I agree with you it is a criminal act that should be punished after a day in court.

    HOWEVER,

    We are not talking about the guys who are falling down smashed can't get the key in the door drunk.

    We are talking about folks at .10 (the former legal limit) or .09 (now illegal) or .08 (borderline illegal) getting shafted LOOOONNGG before they are at the level of impairment of even talking on a cell phone, who are then subjected to what is basically a poorly built, poorly maintained piece of witchcraft known as a breathalyser. You might as well be attempting to test body thetans or use a polygraph. The science is that bad.

    I see lots and lots of behavior and drivers on the road doing stuff WAY MORE DANGEROUS than someone getting home after happy hour toting a .08. The emphasis on this forces me to conclude the people pushing for the DUI laws stiffer than they already are have an alternative agenda that ends with "prohibition mark II".

  41. Damn lies and statistics. by FatSean · · Score: 2, Informative

    'alcohol related accidents' include events when a non-drunk crosses the double-yellow and crashes head-on into a drunk driver. I'm skeptical.

    --
    Blar.
  42. Re:DUI laws are just the second coming of prohibit by diqmay · · Score: 1

    my mother went blind over a period of about 8 years and never lost her license. Funny thing was when she went in to get it renewed, she had to put the application about 4 inches from her face and stare at it through her coke-bottle glasses, and the lady behind the counter didn't even bat an eye.

    oh wait, it was Kentucky, nevermind.

  43. "voice printing" by Ferante125 · · Score: 1

    Reminds me of "voice-printing", which was basically manual speaker recognition using spectrograms. The police who used it were undertrained, and *just slightly* biased against the accused, so the whole technique became discredited, perhaps more than necessary.

    http://www.crimelibrary.com/criminal_mind/forensic s/voiceprints/1.html

    ---
    Why procrastinate now when you can procrastinate tomorrow?

    1. Re:"voice printing" by russotto · · Score: 1

      You think "voice printing" was bad, try Horizontal Gaze Nystagmus. Basically, the cop waves a pen in front of your eyes and pronounces you guilty.

    2. Re:"voice printing" by fishbowl · · Score: 1

      HGN is a very good indicator of alcohol intoxication. Good luck convincing a jury that a specialist is trying to end his career with perjured testimony about your eye test.

      --
      -fb Everything not expressly forbidden is now mandatory.
    3. Re:"voice printing" by karmatic · · Score: 1

      It's a good indicator - if done properly, and in conjunction with the other tests that go along with it. (IIRC, there were a total of 3 tests to be performed, because some people will just fail any given test for a variety of reasons).

      OTOH, the results of a HGN test issued in the field _never_ help you - the best you can hope for is not being hurt. Ultimately, it's up to the officer to do it right, but as for the "perjured testimony", it's his word against yours, and he's the "specialist". How would he get in trouble for perjury, especially given it's quite possible to fail HGN without drinking any alcohol at all?

      Also, having had a cop threaten to kill me for not letting him search without a warrant (long story), I'm not too impressed with the concept of putting blind faith in any particular officer.

    4. Re:"voice printing" by NMerriam · · Score: 1

      HGN is a very good indicator of alcohol intoxication. Good luck convincing a jury that a specialist is trying to end his career with perjured testimony about your eye test.


      Yeah, it's a test that accurate 60%-75% of the time, when performed under ideal conditions by a professional, impartial tester.

      A cop on the side of a rainy road at 2 am with uneven ground, random noses, sudden gusts of wind, a nervous subject, and all sorts of professional performance requirements (has he pulled over enough cars this shift? does he have a court day upcoming with enough overtime to pay for his boat?) is hardly a paragon of objectivity. Cops don't have to deliberately lie to legitimately interpret everything they see through their own assumptions and preconceptions. If you think the guy is drunk, then when he looks away nervously, he's "unable to focus", when he looks right at you he's "displaying a fixed gaze".

      A test that basically depends on the cop waving a pen in front of your face and deciding whether or not it means anything is useless.
      --
      Recursive: Adj. See Recursive.
    5. Re:"voice printing" by fishbowl · · Score: 1


      "Also, having had a cop threaten to kill me for not letting him search without a warrant (long story), I'm not too impressed with the concept of putting blind faith in any particular officer."

      You misunderstood me; sorry. If your defense relies on attacking the integrity or the ability of a police officer, you've lost.

      --
      -fb Everything not expressly forbidden is now mandatory.
    6. Re:"voice printing" by karmatic · · Score: 1

      If your defense relies on attacking the integrity or the ability of a police officer, you've lost.

      I'm well aware of this fact; in fact, it was the point of my post. In my case, I took a plea deal on my charges - my attorney informed me I didn't stand a chance, no matter what the cop did, unless I had video proof or a crapload of witnesses. Even then, he'd probably only get paid administrative leave for an "investigation" that wouldn't discover anything.

      If I ever end up on a jury, though, I'm certainly not going to convict simply based on the word of an officer alone. I trust cops no more, and no less, than any other person - that is to say, not much. OTOH, if the guy has a rap sheet 20 pages long, it would certainly count against _his_ credibility.

      As for the HGN test itself, a quote from Wargames sums my thoughts more succinctly than I could put it myself - "A strange game; the only winning move is not to play." An honest cop, who follows the law, cannot ethically (in most states) use the refusal to take a field test as evidence of wrongdoing. On the other hand, taking the test can most certainly provide evidence for said honest cop.

      As for a dishonest cop can pretty much say the results were whatever he wants. A camera in his car can show him administering the test, but won't show you pass or fail, unless you're really drunk and flailing around. Furthermore, even if he's honest, a lot of them don't administer the tests properly. My criminal justice teacher was a former prosecutor, and defense attorney. There is a laundry list of things that can be done wrong by the officer, all of which are grounds for dismissal of the case due to lack of probable cause. Of course, it doesn't matter if you're flailing around drunk on camera, but at that point, you're genuinely guilty anyway, and I have no sympathy.

      Given that, why would you ever take the test, drunk or not?

    7. Re:"voice printing" by fishbowl · · Score: 1


      "Given that, why would you ever take the test, drunk or not?"

      The real problem is that most people tested are pretty much 4 sheets to the wind, not merely "drunk". But they ALL try the same legal tactics to try to avoid consequences.

      --
      -fb Everything not expressly forbidden is now mandatory.
  44. Re:DUI laws are just the second coming of prohibit by garett_spencley · · Score: 1

    While I don't necessarily disagree with you, I once made a similar argument that a car is a weapon, one which is far more likely to kill an innocent passer-by, even one who is not even operating a motor vehicle at the time, and thus it just common sense that drinking and driving is ridiculously stupid, dangerous and should be outlawed. You wouldn't fire a gun while drunk would you ?

    To which my wife replied "It's not illegal to get pissed drunk and take a gun and go hunting... well at least I don't think it is ... if it is then the vice president of the USA should be locked up for operating a deadly weapon while intoxicated and nearly taking someone's life".

  45. Gotos consider helpful! by Anonymous Coward · · Score: 0

    Obviously you've never worked for the government. :)

  46. Re:DUI laws are just the second coming of prohibit by Sylver+Dragon · · Score: 1

    While I do generally agree that laws should be restricted, as much as possible, to actual harm; I think this is one of the few places where deviation is a good thing. The potential for harm is fairly high, and the harm done is usually pretty drastic. If the only person who might be hurt by drunk driving was the drunk driver himself, I'd be all for decriminalizing it; however, that is not the case. By driving drunk a person is directly creating a dangerous situation to others, and without a good cause, that should not be happening.
    Now, one could argue on the point at which someone is "drunk" and/or truly impaired, but this is just a line drawing fallacy. A testable line will need to be drawn somewhere, for the moment, it is what it is in various states. Is it the best place to put it? Who knows, but it will be set somewhere.

    --
    Necessity is the mother of invention.
    Laziness is the father.
  47. Great Code Review by Mandatory+Default · · Score: 2, Interesting

    I've never heard of Base One, and I never would have guessed from their home page http://www.base-one.com/ that they could do what they did, but that has to be one of the more impressive "code reviews" I've seen. The code review encompasses hardware, software, testing, architecture, design - in short, a rather thorough analysis. Seeing all of those skills come together for an embedded system project is pretty impressive. (Consider that, at Draeger, it appears that almost none of those skills were bought to bear...)

    So kudos to Base One. Great work.

  48. Mod Parent up! by cdn-programmer · · Score: 2, Insightful

    Crappy moderation again. I really wish those closer to God than the rest of us here in Slashdot would eliminate this personal points of view moderation tactics. The post is a good one and raises many questions which are valid questions. The post also has generated discussion which is exactly what slashdot is all about.

    So moderators - stop attacking the messenger ok?

    There is a TV program which I do not watch called "Canada's worst drivers".

    This program apparently is oriented to rehabilitating some of the worst drivers in the country - people which clearly should not be allowed on the road.

    Many years ago I was in an accident caused by one of these people. I watched with disbelief while this person drove literally more than a car length and finally stopped when she hit my car. At no time during this did she ever look forward. She had her head turned to the left looking for oncoming traffic. Meanwhile I was to her right. This would have been 1001, 1002, 1003. I was thinking - Lady... you need to look where you are driving!

    It was in the news that a kid was killed while sitting on a bus bench. The lady in question was trying to fetch the plant that fell off the seat while she was turning a corner.

    Now - what we do see in the media are deliberatly distorted statistics. If the victim in the accident has had something to drink they stat "Alcohol was involved". The victim could be sound asleep in the passenger seat and there are cases of him being charged. 1) He wasn't operating the vehical. 2) he wasn't even awake. 3) He never operated the vehical. 4) it was his buddy who was driving him home and the car quit and his buddy went to get help.

    While there are accidents caused by people who should not be driving because they are intoxicated, the truth is this is totally blown out of porportion. At 0.08% many people are not intoxicated at all. Others are intoxicated at 0.02%. And the post I am responding to correctly points out that some people are so compromised that they should never get a driver's license in the first place.

    Then... we have a faulty machine testing a flawed premise. The flawed premise is that alcohol at a certain level makes everyone a criminal.

    What we really need to do is get bad drivers off the road. IMHO tail gating is a far worse offence than driving with a little too much slosh. Of course the cops in this city like tail gaters.

    1. Re:Mod Parent up! by Anonymous Coward · · Score: 0

      1) He wasn't operating the vehical. 2) he wasn't even awake. 3) He never operated the vehical. 4) it was his buddy who was driving him home and the car quit and his buddy went to get help.

      Bullshit. Show me a real case like that.

      While there are accidents caused by people who should not be driving because they are intoxicated, the truth is this is totally blown out of porportion.

      Call it what it is. It is not an "accident". These are crashes caused by driver error. Look at the statistics. The vast majority of deaths on the road are associated with 2 factors: not wearing seatbelts, and drinking & driving. It is real.

      At 0.08% many people are not intoxicated at all. Others are intoxicated at 0.02%. And the post I am responding to correctly points out that some people are so compromised that they should never get a driver's license in the first place.

      Quite true. The majority of drinking & driving, crashes and deaths are caused by hardcore repeat offenders who drink a lot then drive, not people who are borderline after a drink or two.

      Then... we have a faulty machine testing a flawed premise. The flawed premise is that alcohol at a certain level makes everyone a criminal.

      No, that would be a very safe premise. That is what the law says: blood alcohol content at a certain level makes you a criminal. A (possibly) flawed premise is that blood alcohol content at a certain level makes is incapable of driving.

    2. Re:Mod Parent up! by Anonymous Coward · · Score: 0

      At 0.08% many people are not intoxicated at all. Others are intoxicated at 0.02%. And the post I am responding to correctly points out that some people are so compromised that they should never get a driver's license in the first place.
      Damn Slavs. Oh well, I agree with you. And no, I ain't no Slav - I'm a Korean. But how can we tell who's drunk and dangerous (hehe), and who's not?
    3. Re:Mod Parent up! by freezingweasel · · Score: 1

      > While there are accidents caused by people who should not be driving because they are intoxicated, the truth is this is totally blown out of porportion. At 0.08% many people are not intoxicated at all. Others are intoxicated at 0.02%. And the post I am responding to correctly points out that some people are so compromised that they should never get a driver's license in the first place.

      And if these people knew who they were, this would be simpler. The problem is that many people can't tell when they're too out of it, or don't care. No matter where the limit is (.08, .02, .20) you'll have people split, some complaining it's too high, others that it's too low.

      The fact is, alcohol DOES have an effect. While this effect may not be easily predictable (depending on body mass, personal tolerance, time elapsed since the last drink etc) we know that in general, more alcohol in your system makes you a worse driver than you'd be with less. If someone can't stand without help or speak clearly, any reasonable person should note they're too out of it to drive, but the drinker doesn't. The limit MAY be too low, but what's it for? It's a scare tactic to get you to err on the side of caution.

      The same can be said of the speed limit. Perhaps you can safely operate your car at 120mph. There's too many people locally who can't handle 45. We can't raise the posted limit to 120 or EVERYONE will try to drive that speed whether they're capable or not.

      Not drinking and driving isn't that hard.

      1: Call a taxi. If they take too long, call ahead.

      2: Do you HAVE to drink?

      3: Is it THAT hard to carry along ONE person in your car, who won't drink? Buy them a few cokes.

      4: Call a friend to pick you up at that time, or a little in advance, as with the taxi.

      5. Go to a bar close enough to walk home from.

      6. Sleep in your car. (Conditions permitting)

      7. Wait around for a bit, and give yourself a chance to sober up before driving home. Any business open ~ 2am locally is PACKED by people doing just this every Friday and Saturday.

      If this is REALLY an actual problem, a solution will pop up. More taxi drivers, cheap hotels starting a bus service for a half night's stay and to-from taxi fare with whatever available rooms they have that night. Cheapo hotels (maybe like Japan's capsule hotels) near, or IN the bars, with the bar swapping to a hotel at 2ish.

      Personally, I don't see some drunk's lack of self control as a legitimate problem in need of a solution as a criminal act. You can't say you're "not aware" of the potential consequences. We've all had it drummed into our heads from childhood how so many people get run down by drunks per year. Sure, when you're drunk you don't think it over, "Hmm, do I want to risk killing a few people in an accident or not tonight?" probably isn't the foremost thought in your mind. That said, it's also not ok to drop objects off tall buildings or bridges, no matter how funny you think it is. (Ignoring whether a penny's terminal velocity is high enough to hurt/kill you, assuming it's no more than a light poke, you can't just go poking random people for the heck of it.)

      > While there are accidents caused by people who should not be driving because they are intoxicated, the truth is this is totally blown out of porportion.

      I'm not sure. While the statistics may be off (and themselves out of proportion), the amount of harping on it is justified given the ease with which these accidents can be avoided, and the equal lack of proportion behind that "naaah, that's other people, I'M not that out of control" croud's determination to keep doing whatever they feel like, sometimes even after killing someone.

      > And the post I am responding to correctly points out that some people are so compromised that they should never get a driver's license in the first place.

      Agreed. I've seen people who can't read the eye charts waved through. Of course, the licens

    4. Re:Mod Parent up! by fishbowl · · Score: 1


      >Now - what we do see in the media are deliberatly distorted statistics. If the victim in the accident has had something to drink they
      >stat "Alcohol was involved". The victim could be sound asleep in the passenger seat and there are cases of him being charged. 1) He
      >wasn't operating the vehical. 2) he wasn't even awake. 3) He never operated the vehical. 4) it was his buddy who was driving him home
      >and the car quit and his buddy went to get help.

      There have also been plenty of cases where this kind of thing was the cover story, and the cops and the judge didn't buy it.

      --
      -fb Everything not expressly forbidden is now mandatory.
    5. Re:Mod Parent up! by toxicity69 · · Score: 1

      So I just recently moved to Texas....if you ever go on an interstate here, hell, even a city road, damn near every single fucking driver tailgates you...after talking about it with a few locals, they agree that its dangerous, but that, since everyone else is doing it, they they, and I, should do it as well, in order to stay alive.

      They say, "drive aggressively". I say, hell no, I'm going to drive defensively.

      I was on the way back from Austin the other day and, while driving at the speed limit of 65mph, some asshole redneck in a pickup pulled right up to my bumper and flashed his lights at me. I give him a hand signal to pass me if he really insists on getting in front of me - to which he does a sort of "no, fuck that" hand signal and keeps blinking his lights. Realize that there was an SUV in the lane to my right so not even I could switch lanes.

      After a few minutes of this the retard cells in his brain finally switch off momentarily and he switches lanes and passes me. As he does so, he give me the finger, with the typical redneck "thumb pointing out as well" (I assume this is because they haven't got enough self control to figure out that for maximum effectiveness of this particular gesture, the thumb probably should not be extruded).

      Over the course of the three hour drive, probably some 200 cars pass me. I was driving at the speed limit the whole entire way - so quite obviously, everyone that passed me was speeding. If that was not obvious enough, the fact that they sped off into the distance for me to never see them again most certainly was.

      At one point someone was so desperate to gain an extra 10 feet in distance over me that they passed me and when they pulled into my lane there was little more than a couple inches of clearance between my front bumper and their rear bumper.

      Then later on when the rainstorm of hell kicked in as I approached Houston, and the more sensible drivers slowed down to around 40mph or so, there were still some belligerent assholes who insisted on doing the "flashing blinkers, honking horns, and wild hand gestures" dance that indicated they were unsatisfied with the quality of my driving.

      This was, mind you, in conditions where the rain was so hard, that even though my windshield wipers were on maximum speed, I could hardly see out of the windshield.

      Granted, I had just barely passed the driving test myself - that is, I failed entirely the parallel parking segment (which, curiously, I had spent probably 90% of my driver training on mastering); I still drive extremely safely; this is not to say I drive slowly; I drive the speed limit or perhaps slightly less. However I realize when certain conditions force you to have to slow down; whether it be wet roads, night time, pouring rain, or a strong wind that pushes the vehicle about.

      I feel the problem is that, in virtually every country I have lived in, no one has ever had to retest. Thats it; only ever drunk drivers, in certain countries, have had to retest; if you think about it, probably a good 60% of the drivers currently on the road would no longer be so if they had to take a mandatory re-test within a week (that is, not enough time to prepare to learn "the answers" so they can pass it by a point and keep driving for a year).

      Yearly mandatory retesting would go a HUGE way to guaranteeing safety on the roads. It would take a lot more people to get something like that off the ground, but I certainly would not mind paying something on the order of 15% of my taxes towards employing more people to get that much testing running.

      In relation to the topic; there have been a few times that I have driven home after drinking. Let me qualify that though - I only ever had a single beer. However, even then, I felt like a complete cunt for even daring to risk other peoples lives on the roads by my actions. I really don't care about my life or my property, as in the end I will get what I deserve; but I know that a good majority of my friends or associates have abs

  49. This is important by sjames · · Score: 4, Informative

    Without measures like this, police brethalyser selection is distorted by powerful confirmation biases.

    Given an honest belief that suspects that are given the brethalyser test are intoxicated, the natural selection bias is towards machines that read positive more often. Even without a single thought of "we need a machine that convicts regardless of guilt", that's what they will tend to get.

    Allowing the defense to face the actual witness (the brethalyser) so to speak provides the needed negative feedback to drive selection back towards accurate impartial instruments even if only to make DUI charges stick in court.

    More to the point, it can drive machine selection towards those that meet the beyond a reasonable doubt standard. If trials are going to favor the readout on a brethalyser, the machine should (for example) always round towards a lower reading when measuring or computing. For example, if there is any noise in a reading, the lowers is beyond reasonable doubt, the average is vaguely justifiable (though it is probably closer to a preponderance than it is beyond reasonable doubt) and the highest is just plain trying to get convictions regardless of merit. Otherwise it has the potential to accuse someone of DUI (to the extent that a machine can accuse) even if in fact componant tolerances may mean the difference between just over the limit vs. just under. After all, the machine is not suceptable to a jury judging if it seems unsure or knew it was close to the edge based on testimony.

    A surprising number of measurement devices meant for scientific and medical purposes (as well as law enforcement) do NOT correctly handle significant digits, error bars, or rounding. Many programmers do not understand the importance of different rounding rules, and even think that add .5 then truncate is always correct.

    1. Re:This is important by shannara256 · · Score: 1

      Many programmers do not understand the importance of different rounding rules, and even think that add .5 then truncate is always correct.

      Please to explain when adding .5 to a floating point number and truncating to an integer does not correctly round up. Is this going to be one of those platform-dependent problems like y = x; cos(x) != cos(y)? If this is a bad method of rounding up, what do you suggest?

    2. Re:This is important by sjames · · Score: 1

      Please to explain when adding .5 to a floating point number and truncating to an integer does not correctly round up.

      If the number is negative you must add -1 rather than 1. When doing statistics or banking (at least) simple arithmetic rounding is incorrect. The problem is that 1.5 (for example) is actually equidistant to 2 and 1 so if the rounding always goes to 2 it introduces a positive bias to the data.

      If the float came from an AtoD conversion, the correct procedure is simple truncation if the analog output is being sampled to greater precision than the instrument itself has (in which case the final digit will be nothing but noise). Some AtoD converters introduce additional noise themselves, particularly if their supply voltage isn't clean enough. The expectation is that it will be fixed up by the software.

      For more details, see the other poster's wikipedia link.

  50. Roadside results are not important, anyway by Mudd+Guy · · Score: 4, Insightful

    I think it's great the source code is getting out, and that we'll find out which devices are crappy and which are better.

    But in the end, I don't think any of this matters. Drunk drivers are not prosecuted based on roadside breathalyzer tests. They are prosecuted based on tests done back at the police station using either a blood test or a much better lab-quality breathalyzer. These instruments are regularly tested in a way that makes it easy to convince a jury of the validity of the results. I've seen some of the corresponding tests on a roadside breathalyzer, and they convinced me not to trust the device.

    So, it's good advice to decline the roadside tests.

  51. Re:DUI laws are just the second coming of prohibit by Anonymous Coward · · Score: 0

    I'm with you.

    If reaction time, inability to multi-task, and easy distraction are the effects of alcohol that make it so dangerous, then we need to baseline those attributes as part of the driver's license exam. People who score below a certain threshold should be considered "effectively drunk" and not allowed to drive.

    If, however, it's the moral choice of lowering those attributes that makes people so angry, then we should punish other choices that have the same effect, such as talking on the cell phone, reading the newspaper, reading your email, or other stupid stuff.

    But if it's just a matter of wanting to feel better than other people, wanting to feel self-righteous, wanting to punish people for mostly random acts of God, then by all means, let's reduce the BAC level even more.

  52. Re:DUI laws are just the second coming of prohibit by QuantumG · · Score: 2, Insightful

    No, by driving a person is directly creating a dangerous situation to others, and without a good cause, that should not be happening.

    Driving drunk just makes it slightly more dangerous.

    People would have you believe that there was some massive drop off in the number of crashes on the road when DUI laws were enacted. There wasn't.

    --
    How we know is more important than what we know.
  53. Effect of the Averaging Algorithm by Oztechreich · · Score: 2, Interesting

    2. Readings are Not Averaged Correctly: When the software takes a series of readings, it first averages the first two readings. Then, it averages the third reading with the average just computed. Then the fourth reading is averaged with the new average, and so on. There is no comment or note detailing a reason for this calculation, which would cause the first reading to have more weight than successive readings. Nonetheless, the comments say that the values should be averaged, and they are not.

    This is interesting.

    The effect is that if your levels are dropping, it magnifies the drop, and if your levels are rising, it magnifies the rise. I'm not certain that this is a problem, as such. It might even be a benefit, on some level (especially if your levels are dropping.) Read on to see what I mean.

    If you were to take ten readings, and they were rising from "1" to "10", then the correct average according to the report would be the sum of 1 to 10 divided by 10, or 5.5. That is, you would have ten readings and the average of them would be 5.5 even though your present reading was 10. This artificialy minimises your reading. Using the machine's algorithm, your "average" reading would be 9.001953.

    If, on the other hand, your levels were descending from 10 to 1 in the ten readings, then the "correct" average is 5.5 still, but the machine would say your reading was 1.998047. Which is closer to your final reading.

    OK, so what does this mean efffectively? Well, I guess the biggest concern is a residual alcohol effect, where you ahve alcohol in your mouth either from the beer you had between your knees, or from the mouthwash you quaffed at the last second. In this case, you would expect to spike the first reading. The machine's algorithm takes the spike into account, but minimizes its effect on your overall reading.

    It should be noted that both algorithms have the same result for one or two blows. To maximise your results, you would need to insist on more than 4 blows, and only if the average reading was dropping each time.

    --
    10001001111001110110011000011101110
    1. Re:Effect of the Averaging Algorithm by Anonymous Coward · · Score: 0

      It is unlikely that your alcohol level really changes that rapidly -- I would expect that the averaging is intended to eliminate random variations from the results. If you average five readings properly, the random error in the end result is 1/5 of the error in a single reading. However, if you average by the faulty algorithm, the error only reduces to 1/3 of the original level. The problem gets worse with more readings.

    2. Re:Effect of the Averaging Algorithm by Anonymous Coward · · Score: 0

      My understanding is that the longer and/or more forcefully a person is made to blow into the device, the more concentrated the alcohol in the sample (because the air is coming from deeper in the lungs). If that is the case, then this rounding method would amplify the increase, which would fit with why a cop who is not getting the value he wants to see might be asking someone to continue to blow longer and harder in the first place. But that's just my $0.02.

  54. Re:DUI laws are just the second coming of prohibit by QuantumG · · Score: 1

    I think you just made the point that driving a car, even not drunk, is the same as firing off a weapon in a public place.

    Which is why "you wouldn't fire a gun into a crowd" and other bullshit analogy is such a poor form of argument.

    --
    How we know is more important than what we know.
  55. Exactly! by homer_ca · · Score: 1

    There's plenty of studies showing that talking on the phone impairs drivers more than a 0.08 BAC. If we accept the premise that drivers should be criminally liable for driving while impaired that means one of two things: a) the laws for driving while phoning are too lenient or b) the legal limit of blood alcohol content is too low.

    1. Re:Exactly! by dgatwood · · Score: 1

      or c. Both.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    2. Re:Exactly! by DutchSter · · Score: 4, Interesting

      There's plenty of studies showing that talking on the phone impairs drivers more than a 0.08 BAC. If we accept the premise that drivers should be criminally liable for driving while impaired that means one of two things: a) the laws for driving while phoning are too lenient or b) the legal limit of blood alcohol content is too low.

      I pull imapired drivers over all the time. Yeah I'm frequently called a dickhead for charging a cellphone user with failure to control or assured clear distance, but so be it. "Ma'am, I stopped you because you appear to be impaired. You've put your entire car over the line at least seven times since I've been following you in the last mile and a half. Is everything OK?" "Oh yeah, just fine, I haven't been drinking or anything, I'm just talking on my phone." (More than half the time the driver is still on the phone when you approach the vehicle).

      Do I think it sucks that a person pulled over for DUI faces significantly higher penalties even if they don't cause an accident versus someone simply not paying attention? Yeah, but I don't write the laws. Now, there is a difference between distracted driving and driving drunk. A distracted driver who is on the phone, putting on makeup, etc, can turn it off and become 100% focused on driving again. A drunk can't do this. They're impaired until the alcohol wears off. Thus the exposure time for a drunk driver is 100% of the time that they're behind the wheel. If traffic gets hairy or the weather turns bad, a distracted driver can hang up and drive. Am I implying that all distracted drivers do this when the situation requires more attention or am I saying that when traffic is light you're free to goof off? Absolutely not, but at least the ability to focus again is there while drunks don't have the option. My policy is if you're driving like you're impaired you probably are and I will make contact to determine what the issue is.

      Personally I like non-DUI impaired driving cases. It's much easier to write someone a citation or a warning and send them on their way than to have to go through the rigmarole associated with a full-blown DUI arrest. In my mind both groups are equally dangerous on the road, but the former is much easier to deal with and get back to patrol. A drunk might take two hours from violation to calling 10-8 (back in service).

    3. Re:Exactly! by spikedvodka · · Score: 1

      Kudos... It was very insightful to see a patrol officer's take on the situation.

      --
      I will not give in to the terrorists. I will not become fearful.
    4. Re:Exactly! by SillyNickName · · Score: 1

      A distracted driver who is on the phone, putting on makeup, etc, can turn it off and become 100% focused on driving again.
      The problem is, like the one weaving over the line, they usually don't.

      A drunk can't do this.
      A drunk driver can pull over and stop if they choose to do so. The problem is, just like the distraction impaired driver, they often don't.

      If traffic gets hairy or the weather turns bad, a distracted driver can hang up and drive.
      And, again, an intoxicated driver can also usually pull over and stop.

      Absolutely not, but at least the ability to focus again is there while drunks don't have the option.
      What I'm saying is that they both have options to mitigate the danger, even if neither one usually does so.

      In my mind both groups are equally dangerous on the road, but the former is much easier to deal with and get back to patrol.
      In my mind, both should be dealt with in the same manner.
  56. Re:DUI laws are just the second coming of prohibit by cayenne8 · · Score: 1
    "Given how high the likelihood of an accident is when a drunk driver is behind the wheel, and given how serious the accidents can get when they occur, don't you think it's bordering on criminal to drive a car while drunk?"

    Except....everyone has different tolerances. Like another on this thread said....not talking about those that are too smashed to drive, but, there are many out there that can drive just fine near .1 or maybe even more. This IS the case, otherwise there'd be many more wrecks and dwis. There are a ton of people on the road an any given time, especially at night.

    We pick an arbitrary number, currently the far too low 0.08....and apply that to everybody? Roadblocks that catch people for no reason other than their choice of street to drive on? I don't think that's right. Sure if you're driving poorly, then you should be pulled over and investigated. But, if you're driving just fine....they should not be able to pull you over for no reason. And some method of better testing your abilities (reflex testing compared to same test when you get your license?) would be more fair. Also, lets take the revenue aspect out of the S=DWI and speeding laws....and see how active the cops are in enforcing the laws...

    --
    Light travels faster than sound. This is why some people appear bright until you hear them speak.........
  57. drunk logic by Anonymous Coward · · Score: 1, Interesting

    It would be wise not to rely on your logic when you are drunk.

    The cheaper solution is to use logic earlier.

    Yes, 0.08 is a bit low. You can get a DUI/DWI with lower than that, too.
    Yes, it's a bit of a witch hunt. Banning giant parking lots at sports bars would more effective.
    Besides, if it's deaths you are concerned with, a governor limiting car speed to less than 75 would save many lives, and be much cheaper than random tickets of patrol cars. But that may impact the sale of certain cars. Corporate profits are more important than lives of individuals of course.

    1. Re:drunk logic by Sj0 · · Score: 1

      It's pretty funny, actually. All this witch-hunting, when all you really need is to stick a few cops at the local bars right after last call.

      Personally, I always walk to the bar, because I know full well I'm going to be utterly illegal to drive when I walk out.

      Just think about all the simple things that could be done to stop drinking and driving without witch-hunts. Makes me wonder why we don't just...you know....do them?

      --
      It's been a long time.
    2. Re:drunk logic by Fulcrum+of+Evil · · Score: 2, Informative

      It's pretty funny, actually. All this witch-hunting, when all you really need is to stick a few cops at the local bars right after last call.

      All the MADD BS distracts from the actual dangerous drunks - you know, the ones with multiple DUIs for .15 and no license. Toss them in jail and be done with it.

      Personally, I always walk to the bar, because I know full well I'm going to be utterly illegal to drive when I walk out.

      So they can pop you for drunk in public, whee. Cops are out of control - going after safe targets that make money and ignoring the dangerous stuff that actually needs attention.

      Makes me wonder why we don't just...you know....do them?

      Because that's not the idea. The idea is to make it impossible to drink at all.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    3. Re:drunk logic by Sj0 · · Score: 1

      Maybe the United States is like a third world soviet banana republic, then. It's not like that everywhere.

      My country takes drinking and driving very seriously. You WILL go to jail on your second conviction, and the conflict of interest presented by having the police working for the same level of government that collects the tickets doesn't exist.

      --
      It's been a long time.
    4. Re:drunk logic by Marxist+Hacker+42 · · Score: 1

      All the MADD BS distracts from the actual dangerous drunks - you know, the ones with multiple DUIs for .15 and no license. Toss them in jail and be done with it.

      In Oregon, we no longer have the jail space to hold them. Between Measure 11, which mandated minimum sentences for truly violent premeditated crimes, and Measure 5, the beginning of the Tax Revolt (with lots of child measures in the 15 years since) jail bed space is at a premium in just about any urban area.

      --
      SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
  58. My wife had a driver's license by cdn-programmer · · Score: 1

    I see the parent has been modded up. Good.

    I am making another reply.

    My wife had a driver's license.

    My wife was totally disabled at the age of about 29. She was diagnosed terminally ill at the age of 26. By the time she was 30 she was having several seisures per day. nevertheless she had a driver's license. Nevertheless her driver's license was renewed without question when she turned 30.

    Of course I never let her drive. The reason for the driver's license was Identification.

    My point is that she was legally allowed to drive.

    She died at 36 and was legally allowed to drive... at the time she was in an auxillary hospital.

    My father passed away about a year ago. He was legally allowed to drive up until and including the day he died. I rode with him to my aunt's funeral. I can say for certain he should not have been allowed on the road. Fortunately he was not involved in any car accidents. The thing is his driving ability was bad because his judgment was was off.

    During times of great personal stress it is normal that people's judgment will be way off. It would make sense for people to not drive during times like this. As a case in point, accident rates are reported to be at least double during say a divorce. Similarly accident rates are greatly increased with the death of a spouse.

    IMHO the DUI laws are greatly blown out of porportion. Then on top of this we have the fact that most people have no way to determine whether they are over the limit or not.

    1. Re:My wife had a driver's license by Abcd1234 · · Score: 1

      So... let me get this straight. Your argument is that, because other dangerous people are allowed to drive, we should tolerate drunk driving? Are you fucking serious? Christ, why bother licensing people at all, then? Why don't I just let my neighbour's four year old kid drive my car? I mean, he's probably as dangerous behind the wheel as your wife, right?

    2. Re:My wife had a driver's license by cdn-programmer · · Score: 1

      Your neighbour's kid isn't the issue. The issue is simply that people who should not be allowed to drive are issued driver's licenses without question.

      Next we have tirades such as you made where you try to lump anyone who may have had a drink into the category as you say of drunken driving. It is very clear that jurisdictions cannot agree on the limit and furthermore individual variations mean that many who are deemed to be intoxicated in fact are not intoxicated.

      Finally you missed the fact of the matter that my wife should not have had a driver's license because she was totally disabled. But thanks for being understanding while you missed the point entirely.

    3. Re:My wife had a driver's license by Abcd1234 · · Score: 1

      The issue is simply that people who should not be allowed to drive are issued driver's licenses without question.


      Right. So fix the fucking process. That doesn't make drunk driving okay. It means you should be encouraging the state to re-evaluate the process by which it grants drivers licenses, because there's clearly other problems that *also* should be dealt with.

      It is very clear that jurisdictions cannot agree on the limit and furthermore individual variations mean that many who are deemed to be intoxicated in fact are not intoxicated.

      Yeah, welcome to the real world, where we have to draw arbitrary lines in order to draft sane laws.

      Finally you missed the fact of the matter that my wife should not have had a driver's license because she was totally disabled.

      Oh no, I got the point. Apparently, you didn't, though. See, the fact your wife got a drivers license is a *non-sequitor*. It doesn't change the fact that drunks shouldn't be allowed to drive. It just means your wife shouldn't have been, either.

  59. How to really make the roads safer. by cumin · · Score: 3, Insightful

    As much as I hate to agree with the gp, there is a valid point there, even if calling prosecution of drunk driving modern prohibition is absurd. The valid point is that there are plenty of things that make drivers unsafe and the tests to determine competency are arbitrary. Blood alcohol content doesn't measure competency, it just measures a risk factor, of which there are many including age, rest and mood which are ignored. On any given day, despite the fact that I don't ever drive drunk, there is some reason to question my competency. It might be my eyesight or my mood, or just that I'm giving half of my conscious attention to a programming problem, but the issue is that my focus is rarely completely solely on the task of driving my car. Certainly the level varies between those times when I'm in heavy traffic and the times when I'm alone on the road, but I think it is fair to question whether our society's emphasis on one risk factor is a realistic reflection of the true dangers of the road.

    I'm sorry to say that I don't really have a better solution than the standard of hoping that the watchful eyes of law enforcement will pick up on those who endanger the lives of others in the road, at least not a socially acceptable one. If I'm getting to make free suggestions though, I recommend that persons who have exhibited stability, sanity and a tendency to be the safest drivers be issued a permit to shoot up to one bad driver a year. Should such an absurdity come to pass, I just hope that I'm one of the gun toting vigalities rather than one of the careless and dead. Come to think of it, I'd probably get a job where I could use public transportation or bicycle to work if I had to take the risk, so it would be good for the environment too. See, guns do make things better!

    Posting from Texas, the only state where "he needed killin" might convince a jury.

    --
    Back in my day when we chiseled our bits into stone and sent them by mule train from village to village...
  60. Re:DUI laws are just the second coming of prohibit by Alpha830RulZ · · Score: 1

    Sorry, this doesn't make sense. While I am no fan of Prohibition, on the war on some drugs, I believe it makes sense to make it illegal to drive under the influence of alcohol, because alcohol is particularly damaging to coordination, in a way that few other influences are. This impact to coordination, perception and judgement happens to -every- user of alcohol, it happens -every- time you consume a sufficient amount of alcohol, and there is a significant, measurable, contribution to the death rate due to drunken driving. Add to this that the victims are often completely innocent and unconnected to the drinker, and drunk driving starts to look like a very sensible thing to prohibit.

    I do NOT feel the same about the zero tolerence laws, or the .08% laws, or similar feel good extensions of the principal. The basic law, however, makes just as much sense as prohibiting people from dumping poisonous chemicals into drinking water. You are prohibiting behavior by one individual that can hurt another individual, who would have no reasonable way of protecting themselves without the prohibition existing. That is absolutely a reasonable place for lawmaking.

    --
    I was taught to respect my elders. The trouble is, it's getting harder and harder to find some.
  61. Re:DUI laws are just the second coming of prohibit by budgenator · · Score: 1

    The Army tested me for reaction time before issuing a military driver's license, but you have to realize that reaction time is a mote issue if your not actually paying attention.

    --
    Apocalypse Cancelled, Sorry, No Ticket Refunds
  62. How about this... by ColdWetDog · · Score: 3, Insightful

    Anyway, if you like to have a drink out at all...you should know the laws of your state...and be prepared...

    Like calling a taxi or getting a designated driver?

    --
    Faster! Faster! Faster would be better!
    1. Re:How about this... by cayenne8 · · Score: 1
      "Like calling a taxi or getting a designated driver?"

      Well, for most people, that ain't gonna happen. The designated thing works if you plan to go out and drink on a certain night, etc. Personally, though...I don't know anyone that would go out with ya and NOT drink....never seen that one before. And, if you think most people got to bars take a cab home....you need to go check out bars after closing time, I doubt you'll need all the fingers on one hand to count the cars left in the lot by 'responsible' people.

      Most of the time with me...it is people calling me up, hey, let's go to X for some drinks after work...hey, it's ladies night at Y, let's go there and...etc. Well, you go there and the next day, you have to go to work. You're not gonna leave your car there catch a cab home, and then, try to get a cab in the morning in rush hour traffic to get to your car, and then get to work. Not to mention, often you are gonna get your car broken into or stolen if you leave it out overnight.

      No...for most people most of the time, your options aren't really realistic. The only way you're gonna get around this behavior is to ban alcohol from being served in public. I don't see that happening anytime soon. Hell, where I live, they have drive thru daiquiri stores, and until just a few years ago there was no law about open containers in the car or passengers drinking in the car. Back then, if getting pulled over, you just handed your beer to the passenger before the cop got to you.

      I live in a city that is a 'bit' more liberal with booze laws than others...but, I find that in general, they are more up tight about alcohol laws up north than they are down south. Possibly a culture thing. I don't honestly know anyone that has never drank and driven...hell, most of my friends pour a drink before leaving the house to go somewhere (at least on the weekends).

      OH well...this has turned into a ramble....

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    2. Re:How about this... by sweatyboatman · · Score: 1
      I know we've gone off the rails of the original discussion, but I find your post disturbing.

      No...for most people most of the time, your options aren't really realistic. The only way you're gonna get around this behavior is to ban alcohol from being served in public. I don't see that happening anytime soon.


      only if you define "most people" as the drunks who close down the bar. which, I hate to break it to you, is a fraction of a fraction of a percent of the country.

      the way to get around this behavior is for people like you to take responsibility for themselves. if you can't keep yourself under the limit (and the cops are most likely pulling you over because you're exhibiting signs of intoxication) and you're incapable of planning your evening around that fact then you can't (and shouldn't) be trusted to drive.
      --
      It breaks my pluginses, my precious!
    3. Re:How about this... by Fluffy+Bunnies · · Score: 2, Insightful

      So why do you have to drive to a bar in the first place, especially if you know you're going to be drunk when you leave? Get someone to give you a ride, or take a cab, or the bus, even. Hell, cycle if it isn't too far. Claiming that driving drunk is the only realistic option is just ridiculous.

    4. Re:How about this... by cayenne8 · · Score: 1
      "only if you define "most people" as the drunks who close down the bar. which, I hate to break it to you, is a fraction of a fraction of a percent of the country."

      No...I'm saying that with the very low .08 BAC that will convict you....pretty much everyone in a bar is 'legally' drunk. With people, say women that may be smaller, less muscle and fat, 2 good drinks in less than an hour...they can be legally busted.

      I don't know what bars you go to, but, I go t a bunch of them....and I rarely see the person sticking to one drink per hour which will keep you safe from a legal DWI bust. I'm arguing the limit is ridiculously low, and arbitrary as to individual tolerance and ability.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    5. Re:How about this... by cayenne8 · · Score: 1
      "So why do you have to drive to a bar in the first place, especially if you know you're going to be drunk when you leave?"

      I guess you live somewhere that actually has public transport you can depend on and runs on a decent schedule. Well, that's rare in most cities in the US. I basically work 20 mins from home, and drink 20 mins from work which is about the same distance from bars to home. Walking and mostly non-existant transport is what you deal with...in most cities. There is almost no such thing as not driving for anything where I live....partying is just one of them.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    6. Re:How about this... by Danga · · Score: 1

      I agree with you up to this point:

      "Hell, cycle if it isn't too far."

      Most states I have been to will give you a DUI if you are just on a bicycle just like they would if you were in an automobile (and it has the same consequences so say bye bye to your drivers license if you get convicted). Hell, in IL I know of a guy who got a DUI driving his motorized wheelchair home from the bar. The only safe thing to do to prevent you from getting a DUI if you have been drinking is walk (have to worry about getting a public intoxication ticket though) or have a sober person drive you.

      --
      Hey, there is only one Return and it's not of the King, it's of the Jedi.
    7. Re:How about this... by Fluffy+Bunnies · · Score: 1

      I knew about the lack of public transport in the US, but I didn't know about the lack of cabs. Or friends who could give you a ride. (the latter especially when you're going partying. It might be a bit late for that when you're coming back...)

    8. Re:How about this... by Fluffy+Bunnies · · Score: 1

      Where I live, it's technically illegal (not comparable to driving a car drunk though) but no one's going to bother you unless you actually cause an accident. It's how most of my friends travel when they're going partying. But yes, if you feel you might get DUI where you live, cycling is not an option. I tried to write a list of alternatives to driving that's comprehensive, instead of one that's applicable to everyone and everywhere (which would be just taxis...?). Also, a full DUI charge from riding a bicycle? Now that's retarded.

    9. Re:How about this... by cayenne8 · · Score: 1

      not a lot of cabs in most cities actually...and they don't run very late in most cities...only really there in a big way in large cities

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    10. Re:How about this... by Danga · · Score: 1

      I tried to write a list of alternatives to driving that's comprehensive, instead of one that's applicable to everyone and everywhere (which would be just taxis...?).

      Understood, I just thought I would clarify since many states in the US will give you a DUI if you are on a bike.

      Also, a full DUI charge from riding a bicycle? Now that's retarded.

      Yes, most of the DUI laws on the books nowadays are retarded. MADD has created a situation where it is damn near impossible to operate ANYTHING even if you have only had a beer or two. If MADD has their way then anyone caught driving with any amount of alcohol in their system will be sent to prison for the rest of their life and prohibition will come back into effect. I am totally against driving when impaired but I draw the line at giving DUI's to people who are clearly not impaired. The DUI laws are so bad in some states that as another poster mentioned before people have been given DUI's when they are not even in control of the vehicle, they just could have been in control.

      The story I am referring to is about two farmers who slid into a ditch, one was stone sober and the other guy was drunk and passed out and the sober guy walked up the road to get help and when he got back with a tractor to pull the truck out of the ditch the cops had already arrived and were arresting his friend even though they found him asleep in the passenger side. It was either really hot out or really cold and the car had been left running to keep the guy warm/cool. They found him passed out, buckled in, but since the car was running and he could have been in control they charged him with the DUI, real fair huh?

      I know people will say if they didn't give him the DUI then all a DUI driver would have to do in the future is hop in the passenger side before a cop arrived anytime they had an accident but that is bullshit since you would still have to have someone around who is sober and admits to driving. When the actual driver showed up they should have dropped the charges or at least have to have SOME proof the person being charged with the DUI was actually driving. It scares me that you can get convicted of something you only could have done, it should require you actually commit the act first.

      Sorry I went on a rant it just pisses me off how screwed up the legal system is getting in the US.

      --
      Hey, there is only one Return and it's not of the King, it's of the Jedi.
  63. Re:DUI laws are just the second coming of prohibit by drmerope · · Score: 1

    GP was over the top, but the ignorance implied by your blanket allegation that the post had not a shred of useful thought is surprising. You don't seem to realize the legal significance of a 'per-se' rule. DWI statutes establish a 'per-se' relationship between BAC (blood alcohol concentration) and illegal intoxication. This sort of legal policy should give you pause. Not only does it smack of arbitrariness it also offends what was once a basic principle of law: without a harm to redress there is no standing to protest. Meaning: we should be suspicious of laws which pro-actively punish a potential rather than a realized harm.

    The arbitrariness declines depending on how the law is policed. If an officer stops erratic drivers, then tests BAC, we can more reasonably assume that the process is not unduly arbitrary; however, once officers adopt check-point tactics the question of arbitrariness arises.

  64. Re:DUI laws are just the second coming of prohibit by dgatwood · · Score: 1

    Let me ask another question: would you be willing to let a surgeon found trying to operate continue? Or would you have him stopped and removed from theatre, even if he appeared to be behaving normally? Or an airline pilot?

    Depends on the situation. Will the patient die if the operation is not performed immediately? Is the aircraft already in the air?

    --

    Check out my sci-fi/humor trilogy at PatriotsBooks.

  65. BS statistic warning! by raehl · · Score: 2, Insightful

    The rate of drivers involved in fatal accidents who had been drinking is over half during this hour

    Well there's a surprise.

    Did you know that the percentage of accidents near football stadiums involving football fans is shortly before and after football games is five times the percentage at other times? Quick, ban football! Being a football fan causes accidents!

    So between 2 and 3 AM, twice as many accidents involve alcohol as during the rest of the day. Do you think MAYBE, just MAYBE, that might be because twice as many of the drivers on the road between 2 AM and 3 AM have been drinking?

    That data is useless by itself. You have to not only know the percentage of drivers involved in accidents who have been drinking, but also know the percentage of all drivers on the road who have been drinking. If both numbers go up by the same amount, then drinking (on average) has no affect on accident rate. And if it goes up less, that means that the real culprits of accidents between 2 AM and 3 AM are probably the fact that it's dark and people are tired.

    1. Re:BS statistic warning! by Jeffrey+Baker · · Score: 1

      Oh my yes, you'd need a lot of statistics. For example, you might need "An Evaluation of the Effectiveness of California's 0.08% Blood Alcohol Concentration Limit and Administrative Per Se License Suspension Laws," which is a two-volume work on this topic. Or, you might need "Lowering state legal blood alcohol limits to 0.08: the effect on fatal motor vehicle crashes" which was published in the American Journal of Public Health, and found that lowering the BAC to .08 reduced fatal accidents by 16%. I know it's hard to believe, but people have done rigorous statistical studies of these things long before Slashdorks started arguing about it.

    2. Re:BS statistic warning! by crashcodesdotcom · · Score: 1

      In 90% of all accidents, the at fault driver was wearing shoes. So, don't wear shoes and drive. Okay, I made the 90% thing up; but where are the stats for things like IQ, people with ADD, obesity, an IQ equivilant for Agility/Dexterity, and maybe credit scores. I think it would be funny to see that X% of accidents were caused by people with a credit score of Y or lower. "Sir, I'm going to have to charge with with a DWLCS (driving with low credit score)." "But officer, that was caused by a false collection which is why it only occurs on 1 of the 3 credit companies."

  66. Actually... by Sj0 · · Score: 3, Informative

    Actually, the breathalyzer is a painfully simple device, none of it is a trade secret. It's basically a pair of heated-wire anerometers in parallel, where both have a gas sample travelling at the same velocity, at the same temperature run through an anerometer.

    A heated-wire anerometer works by running a current through a wire and measuring the voltage drop through the wire. The resistance will change with the speed and specific heat of the substance you're passing across the wire, because the substance will cool the heated wire based on a number of factors. A breathalyzer simply eliminates the speed measurement, and the other measurements, and what remains is the specific heat of the substance passing through the device. They simply run a reference gas in the opposite anerometer, and take the differential, and the alcohol will give a certain value.

    Not a trade secret, unless something being common knowledge for all instrument engineers taught in the past 40 years is a trade secret.

    --
    It's been a long time.
  67. Well... by Anonymous Coward · · Score: 0

    According to what I was told in traffic school (generic speeding ticket, my only moving violation) you can get charged for DUI even if you have a designated driver.

    You can get charged if you could've taken control of the vehicle or something like that. He mentioned a case where a man was buckled into the passenger's seat and the designated driver was going back to get their other drunk friend. The designated driver, who was NOT drunk, left the car and the AC on because it was summer and this is Phoenix, where summer means 100+ heat.

    The man in the passenger's seat was charged with DUI.

    But you're right: it's a very, very bad idea to drink & drive. You should have a cab or a designated driver if you've been out drinking any time recently. And you can test positive even in the morning after a night of hard drinking, so be careful. In my state, I should also mention that the standard is "the slightest bit of impairment" and that can apply to prescription / over-the-counter drugs as well, in theory.

    So given their scary statistic that claimed some ridiculous percentage of drivers on the road were drunk (33%? or was it 66%? I forget...) I have to think that their methods of determining it are unreliable and we should be suspicious enough to ensure that they use reliable evidence in convicting someone of a serious felony like DUI.

    I don't like the thought that bug in a 'magic box' can screw you over even if you've done nothing wrong and that there's no appeal.

    1. Re:Well... by gfody · · Score: 1

      If this happens to you, for the love of god do not plead guilty!
      Cops will charge you with all sorts of wild and crazy shit. This crazy shit doesn't stick in court but if you plead guilty it's game over.

      --

      bite my glorious golden ass.
    2. Re:Well... by SirTreveyan · · Score: 3, Insightful

      The crazy shit won't stick in court? Where the hell do you live? I have lived in Jersey, Georgia, Tennessee and a bunch of other places while in college and in the Air Force and law enforcement officers at all levels are the same; they are a bunch of sleazy lying bastards. They will charge you with all sorts of crazy shit because they know that a judge will side with them on at least half the charges no matter how crazy of a story they make up or how good of an attorney you get to represent you.


      In the US justice system today the average Joe Blow on the street is fucked before the case even gets to the court. If a cop pulls you over, pray he got laid that morning so that he'll be in a better mood...then you MAY have a chance to get away with only a ticket for a minor infraction instead of having to prepare for a serious ass fucking by some guy named Bubba who wants to make you his "wife". If the feds are investigating you...well you're just plain fucked, those bastards know how to play the courts like a fine Stradivarius violin so you might as well buy a case of KY to take with you to prison. And that shit about a jury of your "peers"??? Ya, right...In your dreams!!! I'll never understand how a bunch of housewives, gardeners, mechanics and other blue collar workers could ever be considered "peers" in cases involving white collar "crime" or highly technical issues. Think about it...we have morons who can barely balance a checkbook sitting in judgment of corporate accountants. We have fools who can barely run their own lives sitting in judgment of CEOs. We have idiots who have no idea what the sine or cosine of an angle means, but you will find them sitting on juries deciding cases involving engineering failures. The eyes of these juries glaze over 10 seconds into expert testimony, and yet they are "peers" of the accused? If the prosecutor tells them 2 + 2 = 5, they'll just take his word for it and convict. Thats justice by a "jury of your peers." Peers my ass!


      Justice in the US courts? That is a myth. Why should there be any justice when just about every penalty includes an opportunity for the government to seize money, property, or labor, i.e. community service, from the so-called "guilty" party? Hell some "crimes" permit seizure of property on just a suspicion, with no charges needing to be filed and with little or no recourse to get the seized property returned. After all who has tens of thousands of dollars to spend to go through the process to get seized property returned. No one I know.

      Fucked...just plain fucked. That what you are once the "justice" system gets a hold of you.

      --

      SELECT * FROM User WHERE Clue > 0

      0 rows returned

    3. Re:Well... by Slashdot+Parent · · Score: 1

      Cops will charge you with all sorts of wild and crazy shit. This crazy shit doesn't stick in court but if you plead guilty it's game over. You do realize that being in a car with the ignition turned on while drunk is DWI, right? It doesn't matter if you're in the driver's seat, passenger seat, backseat, or trunk.

      Many, many people have been convicted of DWI for waiting in their cars to sober up before driving, but making the mistake of turning on the radio.

      Welcome to the new MADD world.
      --
      They don't grade fathers, but if your daughter's a stripper, you fucked up. --Chris Rock
  68. Re:So you can't refute his arguments. Gotcha. by Sj0 · · Score: 3, Funny

    My WITTY COMEBACK was killed by a drunk driver!

    --
    It's been a long time.
  69. Article seems biased by plierhead · · Score: 1

    Well I read the article, and the points you mention do sound like they might be problems - but the general tone of TFA is somewhat hysterical, and I can sort of see the point of the manufacturer - anyone with enough knowledge who looks hard enough at a piece of complex software can find ways to discredit it and make it appear badly designed.

    For example (from TFA):

    Sections of the original code and modified code show evidence of using an experimental approach to coding, or use what is best described as the "trial and error" method. Several sections are marked as "temporary, for now".

    If having comments saying "temporary, for now" equates to "an experimental approach to coding" then the we are in absurd land. It is perfectly reasonable to put, say, a non-optimal but fully functional sorting routine in, and then come back and replace it with something better later. As this was the first point, and it is obviously absurd, in mind the rest of the article is devalued and suspect.

    --

    [x] auto-moderate all posts by this user as insightful

    1. Re:Article seems biased by Fulcrum+of+Evil · · Score: 1

      What about the objections to no sanity checks and many unfounded assumptions made by the code?

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    2. Re:Article seems biased by dragonturtle69 · · Score: 2, Insightful

      In many business applications, good enough really is good enough. The rough edges can be fixed later, after the release date has been met. So long as the data is good enough for a business decision there is no problem.

      Devices which are considered infallible in the legal system must be held to a higher standard. If they have a false positive, someone who is innocent of a crime will likely be convicted, particularly in something considered to be straightforward like a DUI trial.

      DNA evidence is something for which the source (how the probability was reached, including methods) is open to professional review. Why should a lower standard be applied to other crimes? If a crime is worth prosecuting, it should be worth being certain that the accused actually did commit the crime, not just a best guess.

      --
      "What luck for the rulers that men do not think." - Adolph Hitler
    3. Re:Article seems biased by NMerriam · · Score: 4, Insightful

      It is perfectly reasonable to put, say, a non-optimal but fully functional sorting routine in, and then come back and replace it with something better later


      Considering this is shipping code in a device that doesn't exactly do automatic updates over a wireless network, I'm not sure when, exactly, you're anticipating that this testing" code will be replaced with the "real thing". You'll forgive me for thinking you're taking a fairly blase attitude towards the obviously complete lack of coding standards, formal oversight, or rigorous vetting in code that can quite literally destroy someone's entire life based on the output.

      Playing around with temporary hacks is fun for a shareware app, not an officially-sanctioned law enforcement device that decides whether you were the victim of an accident or the perpetrator of a felony.
      --
      Recursive: Adj. See Recursive.
    4. Re:Article seems biased by FireFury03 · · Score: 2, Insightful

      Considering this is shipping code in a device that doesn't exactly do automatic updates over a wireless network, I'm not sure when, exactly, you're anticipating that this testing" code will be replaced with the "real thing".

      You could release the device with a non-optimal but completely functional piece of code due to time pressures in the development schedule. Maybe it's slow, or memory-hungry, but it still does the job just fine.

      You mark the code as "temporary".

      At a later date, you decide to release a new revision of the device - replacing the "temporary" code with a more optimal algorithm might provide cost savings by reducing the CPU spec needed, or the amount of RAM. Or maybe it just makes the device faster or extends the life of the batteries.

      Given that the "temporary" code produced exactly the same results as the revised code, why is it important to this case? Is a drink-driver going to be let off because the manufacturer intended to release a later revision of the device which had a better battery life by running more efficient algorithms?

      I'm not saying the manufacturer is in the right or in the wrong here, but it seems to me that you can't assume that code isn't production-quality just because there's a comment in there that states it's temporary.

    5. Re:Article seems biased by szembek · · Score: 1

      Bingo. This software should be held to the same government standards required for military applications. It's one thing if your spreadsheet app fails, but if a breathalyzer fails somebody gets screwed big time.

      --
      nothing
    6. Re:Article seems biased by Applekid · · Score: 1

      Given that the "temporary" code produced exactly the same results as the revised code, why is it important to this case? The thing is that the analysis really doesn't state where the temporary code is found. It's one thing to be "temporary" because it's a naive implementation, it's another thing to be "temporary" because it's not working accurately but "this code 'should' work until we can get around to analyzing it."

      Is a drink-driver going to be let off because the manufacturer intended to release a later revision of the device which had a better battery life by running more efficient algorithms? More like the sober driver is going to get the book thrown at him due to a machine whose "temporary" code ignores errors until they happen more than a certain amount of the time. People's livlihoods are at stake. Marked with the scarlet letters DUI pretty much ruins your life, especially when you're above it and have a lot more to lose than some drunken redneck joyrider.
      --
      More Twoson than Cupertino
    7. Re:Article seems biased by FireFury03 · · Score: 1

      More like the sober driver is going to get the book thrown at him due to a machine whose "temporary" code ignores errors until they happen more than a certain amount of the time.

      My point was that whichever way you look at it, you can't make a decision one way or the other based purely on a comment stating that it is temporary code.

    8. Re:Article seems biased by RIDL_Prez · · Score: 1

      "Given that the "temporary" code produced exactly the same results as the revised code, why is it important to this case?" How do you know the "temporary" code produced "exactly the same results"? Where does it say that? I didn't see that anywhere.

    9. Re:Article seems biased by FireFury03 · · Score: 1

      How do you know the "temporary" code produced "exactly the same results"? Where does it say that? I didn't see that anywhere.

      It didn't. It also didn't say it produced different results. Infact they basically seemed to assert that any code marked as "temporary" renders the whole thing untrustworthy, which quite frankly is bollocks. If you want to draw any conclusions you need to do an analysis on the code itself, not just draw (possibly unfounded) conclusions from the comments for which you don't know the history.

  70. Re:DUI laws are just the second coming of prohibit by canadian_right · · Score: 1

    Traffic fines do not go to the police in Canada, all revenue goes to the Provincial government's general revenue which they do with as they please. Some communities who have their own police forces (the federal RCMP polices most small communities and many mid sized cities) do get a share of traffic fines back indirectly.

    --
    Anarchists never rule
  71. Re:DUI laws are just the second coming of prohibit by Sj0 · · Score: 1

    It's a quote from a movie.

    "Happy Gilmour".

    Your post also is awarded no points, and may God have mercy on your soul.

    --
    It's been a long time.
  72. Re:DUI laws are just the second coming of prohibit by Sj0 · · Score: 1

    They're several times more likely to cause accidents, but they're not usually behind the wheel.

    "Oh my god it's a cute asia--ARGH!"

    --
    It's been a long time.
  73. Re:DUI laws are just the second coming of prohibit by m0rm3gil · · Score: 1

    Amen to that.

    I argued in court that sexual intercourse and boxing are both legal activities but when I try to combine them it turns into this big drama!

  74. Re:DUI laws are just the second coming of prohibit by Sj0 · · Score: 1

    I'd argue with you, but it's a moot point. You can't begin to believe the number of drunk drivers on the road at times. If you've ever been driving late at night, right around last call, you're literally very likely the only sober guy on the road.

    --
    It's been a long time.
  75. Re:DUI laws are just the second coming of prohibit by Sj0 · · Score: 1

    The science isn't bad. You're testing the specific heat of a person's breath to determine alcohol content. The implementation may be bad, but the science is just as good as any of the other methods we use to determine what a substance is, which including running it through a long tube then burning it, beaming a ray of light or infra-red light through it, or passing it through a tube and seeing how long it takes to make it through.

    --
    It's been a long time.
  76. Sounds like software from our company by Anonymous Coward · · Score: 0

    There is nothing surprising about this. Our company writes software that controls the electric grid. The issues mentioned in the article (and many more) also exist in our code. It is possible to write a book on how not to design software based on examples from our code.

    Just be thankful that the lights are still ON!

    Yeah, I am an AC. I would like to keep my job, thanks.

  77. That would flunk any lab's requirements! by Tsu+Dho+Nimh · · Score: 3, Interesting

    I am still licensed to be a medical technologist, I spent a lot of time working in hospital chemistry labs with computerized equipment, and that software fails all kinds of reasonable criteria for calibrating and operating any equipment.

  78. Re:DUI laws are just the second coming of prohibit by TheVelvetFlamebait · · Score: 1

    Why else would they take two legal activities like drinking alcohol and driving, and make it criminal. Yes, I understand people get hurt by drivers under influence. But lets be real and compare it to teens getting into accidents, senior citizens getting into accidents, sleep deprived individuals getting into accidents, etc.
    Teens have restrictions placed on them to help prevent accidents. Plus, some of them won't have driven before, and they have to learn sometimes, right? Senior citizens also have restrictions placed upon them. Here in Australia, they have to have medical checkups and renew their license frequently (as frequently as a year if they're particularly old). Sleep deprivation can't really be enforced unfortunately, but I know the Australian government is financing a significant advertising campaign against driver fatigue, plus they are setting up "driver reviver" places, where you get free cups of tea. The aim is to allow yourself some rest, and to get some caffeine into you.

    I might also add that driving is not a legal activity. It's licensed by the government. It's licensed because it's dangerous, and for the good of you and everyone else on the roads (or even just walking on the footpaths), we need to be confident in your driving ability. And drinking impairs your driving ability. So many drivers seem to think that driving is their given right when it really isn't, and that causes many problems.

    PS People who drink and get into accidents should be prosecuted as if they had reckless intent.
    It's all well and good to force people to take responsibility for their actions after they sober up and the disaster has already happened. The measures against DUI are preventative. We don't actually want accidents to happen. It's not that we don't care what happens, as long as we have someone to crucify at the end, it's that we don't want accidents to happen. People who are drinking may not be able to make a rational decision as to whether to drive or not, so no matter how smashed they are, no matter how much responsibility we foist upon them, some will decide to drive.
    --
    You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
  79. Re:DUI laws are just the second coming of prohibit by TheVelvetFlamebait · · Score: 1

    Inherently, driving a vehicle is the dangerous activity.. drink driving just gives people an acceptable scapegoat.
    You realise of course that by saying that, you are denying by omission that drinking negatively affects driving skills, right? And you must also realise what a load of BS such an implied statement would be? Finally, you also realise that the "scapegoat" here is not DUI, but "revenue raising"? Think about it. People know the law, people know that it's dangerous to drive after drinking (instead of getting a taxi or something). If they get caught, naturally it isn't their fault for committing the crime, rather the policeman's fault for trying to raise revenue (read: doing the job that we the taxpayers pay them to do). Perhaps if you object to police raising revenue off drink drivers, perhaps you should stop drink driving, and start encouraging friends to do the same.
    --
    You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
  80. Re:DUI laws are just the second coming of prohibit by QuantumG · · Score: 1

    Wow, you love making a huge argument out of "implied statements" and assumptions, don't ya?

    I don't drink drive. I do encourage friends not to drink drive.

    I'm just saying that the argument that a vehicle moving at 60 km/hr is only dangerous when the person in control of the vehicle is drunk is a fallacy and the fact that we're only willing to accept that cars are dangerous when there is alcohol involved is a hypocritical.

    --
    How we know is more important than what we know.
  81. Re:DUI laws are just the second coming of prohibit by TheSkyIsPurple · · Score: 1

    Just do away with DUI entirely... enforce the laws on the books, and maybe add a "you did something intentionally that made you more likely to be a dumbass" multiplier.

    Weave into the next lane without signalling? That's a paddling.
    Doing it while drunk? That's a triple paddling.
    Doing it while on your phone? That's a triple paddling.
    Doing it while eating? That's a triple paddling.
    Doing it while catching your house plant? That's a triple paddling.

    Punish the behavior enough (driving like a dumbass), and people will focus on avoiding that behavior.
    The serious drunks? they were never going to follow anything anyway, so it doesn't make a real difference.

    Why do alot of people not use their turn signals, even when there is time? Because "it's not a big deal".

  82. Her -- fail, you -- fail. by Anonymous Coward · · Score: 0

    You watched her drive in to you, and in no way honked or tried to get out of the way?

    Perhaps the pot should not call the kettle black if both of them fail at defensive driving.

  83. Re:DUI laws are just the second coming of prohibit by Fulcrum+of+Evil · · Score: 1

    Sure it is - it assumes a fixed ratio of mouth alcohol:blood alcohol, doesn't compensate for things like bread in your teeth (which hold alcohol) or people like diabetics, who can register .03 stone cold sober. It's not all that good.

    --
    "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
  84. Re:DUI laws are just the second coming of prohibit by TheVelvetFlamebait · · Score: 1

    Wow, you love making a huge argument out of "implied statements" and assumptions, don't ya?
    Not really. I just objected to you neglecting to mention that alcohol actually does impair driving skills. It's so easy for people to neglect that fact, paint the police as money-grubbing lazy revenue-raisers, when they are, more often than not, just trying to help society. Sorry if I got the wrong impression, or if I made a strawman out of you. I do that sometimes with things I'm passionate about.

    I'm just saying that the argument that a vehicle moving at 60 km/hr is only dangerous when the person in control of the vehicle is drunk is a fallacy and the fact that we're only willing to accept that cars are dangerous when there is alcohol involved is a hypocritical.
    Oh I absolutely agree with you on that one. Cars are dangerous, no doubt about it, and I think people tend to forget that.
    --
    You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
  85. Congrats. Now eat a dick. by Reality+Master+201 · · Score: 1

    I don't own a car, either. However, I've also driven after having a few drinks - possibly even being over the legal limit - and I've never been pulled over, killed anyone, or wrecked my car as the result of it. Because when I'm over 0.08, I'm just not drunk. At most, I talk a little too much, and that's about it.

    You fucking moralistic shitbag. I hope you die of a venereal disease.

  86. Re:Frosty Pist by TheVelvetFlamebait · · Score: 4, Funny

    I'm sorry, but this is no joking matter! It's estimated that over 10,000 points of karma are lost a year to drink-/.-posting. Ordinary, everyday nerds like you have lost face with their peers. They feel inadequate as their karma drops from Excellent to Good in the face of all the other Excellent nerds. It's been known for some particularly disgraced nerds to quit /. and start posting regularly on digg. That's right, it's not so funny now, is it?

    --
    You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
  87. Now you get points by Bill,+Shooter+of+Bul · · Score: 1

    I thought it would be instantly recognized and someone would reply with the response:

    Okay, a simple "wrong" would've done just fine.

    But I thought it applies in this case. Sure there are other factors that can impare driving, and in most states they are treated the same. Even if you are drunk you can be charged with DWI driving while impared. If you have drunk to a level not impeding your driving ability you won't be pulled over unless you hit a roadblock on a holiday. There has been a lot of press about the dangers of driving while tired and if there was an objective test, of course they would punish tired drivers just the same. In my state those over a certain age must re certify their licenses yearly, and they are rasing talking about raising the legal driving age.However all of this does not take anything away from the dangers of driving in an alcohol or drug induced state, and it the laws should be even more stringent. I would propose mandatory breathalysers in cars, disabling the car for a period of time, if the driver was impaired.

    --
    Well.. maybe. Or Maybe not. But Definitely not sort of.
  88. Re:Frosty Pist by bladesjester · · Score: 4, Insightful

    Yes, but how many karma points are *gained* by drunken slashdot posting? I'd say it's probably an order of magnitude greater than the points lost =]

    --
    Everything I need to know I learned by killing smart people and eating their brains.
  89. Re:DUI laws are just the second coming of prohibit by belmolis · · Score: 1

    Actually, there is another, quite standard and uncontroversial, crime that is based on what might have been, namely reckless endangerment.

  90. Re:DUI laws are just the second coming of prohibit by belmolis · · Score: 1

    If you can't participate in an adult debate, don't participate. You haven't explained why the analogy is stupid, and if you had an argument, you could present it in a civil fashion.

  91. Re:DUI laws are just the second coming of prohibit by Sj0 · · Score: 1

    It seems to me that there would be relatively fixed ratio of blood alcohol:mouth alcohol. If you've got science to say otherwise, speak up. Otherwise, it's your word versus theirs, and they've got the instrument engineers and medical technicians.

    It also seems to me that bread in your teeth wouldn't hold a huge amount of alcohol, and it would flash off relatively quickly anyway -- quickly enough that if you had been caught, you've probably just finished consuming alcohol recently, so you'll probably blow .3 or something lethal, which will give you a pretty easy alibi: You had wine with dinner at the resturaunt, and weren't intoxicated, but you were tested right away. Again, science needed. Show it, or they've got the instrument engineers and medical technicians.

    Finally, diabetics may register 0.03 sober, but why? If it's because their body naturally metabolises sugars into alcohols, or because their bodies don't metabolise alcohols correctly below concentrations of 0.03, then it doesn't matter if they haven't had enough to drink to make it seem like they're really that drunk because their BAC could be 0.8. Again, science needed. Show it, or they've got the instrument engineers and medical technicians.

    --
    It's been a long time.
  92. !anerometer by Anonymous Coward · · Score: 0

    It's called hot-wire anemometry... google/wiki it.... and it cannot tell you what the gas is, only how fast it is going. It's used in high frequency measurement (i.e. velocities in turbulent streams) where it gives greater resolution than other methods such as using a pitot tube. It has nothing to do with specific heat, and with proper calibration (you do calibrate your instruments, right??) it will correct for the density changes due to elevation.

    Just to poke another hole in your expert opinion, exactly how would you design something to pass a 'reference' gas over the anemometer pair at the same time to compare it to? The only generally known system that I know of that uses a reference gas for comparison is the exhaust gas analyzers that the DMV inspection stations use. They pass a laser through both your car's exhaust, and through a sample with known concentration, then compare the output brightness to figure out the concentration of the known sample with the exhaust sample.

    1. Re:!anerometer by Sj0 · · Score: 1

      I don't know the answer to your question, but I'll be sure to check my Liptak. Websites are great for amateurs, but some of us actually do this for a living, and I'd hate to think about the consequences if one of my control loops went nuts and all I had to say for myself was "But wikipedia said it was supposed to be that way!"

      Actually, MOST heated wire sensors have two wires -- even the ones for flow. See, in order to actually use a heated wire sensor accurately, you've got to calibrate out the specific heat of the gas you're testing, or changes in the substance will produce shifts in your reading despite the air flow being the same. Generally, those ones will take a second heated wire, and stick it in the airstream with a baffle which eliminates the air velocity, in order to calibrate out changes in specific heat. If you were qualified to be 'calling me out', you'd know that. In this case, they do the opposite, they have a reference and they've got a sample, and instead of calibrating to eliminate specific heat from the sample, they calibrate it to eliminate velocity.

      Don't worry though, I'll consult my Liptak at work tomorrow, and I'll get back to you.

      --
      It's been a long time.
  93. Re:DUI laws are just the second coming of prohibit by mini+me · · Score: 1

    Surely those sleeping behind the wheel are more likely to be involved in fatal car accidents than those who are driving under the influence? Yet I haven't seen any roadside checks for sleep depravation. There are no laws, at least in this jurisdiction, that require me to have at least eight hours of sleep before getting behind the wheel. Should something happen while sleep deprived you might get a careless driving charge. But if careless driving is good enough for driving under the influence of sleep deprivation, why isn't it good enough for driving under the influence of alcohol?

  94. so by Anonymous Coward · · Score: 0

    the obvious answer is to have a guy sitting in the court room, chugging beers until he's drunk, then demonstrate how it can fail badly in front of everyone. then make it fail on the judge, who should not be drunk.

  95. Re:DUI laws are just the second coming of prohibit by Fulcrum+of+Evil · · Score: 1

    It seems to me that there would be relatively fixed ratio of blood alcohol:mouth alcohol.

    It varies between 1300 and 3000 from person to person

    It also seems to me that bread in your teeth wouldn't hold a huge amount of alcohol, and it would flash off relatively quickly anyway

    It behaves more like a capacitor. The amounts are minute, but enough to seriously impact a breathalyzer.

    Finally, diabetics may register 0.03 sober, but why?

    I dunno why, but they produce mouth vapors that can be mistaken for alcohol by these gadgets (their breath tends on the sweet side) with no corresponding BAC.

    --
    "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
  96. The Fifth Ammendment by zoomshorts · · Score: 2, Interesting

    You cannot be compelled to testify against yourself.

    You can refuse any and ALL tests which may incriminate
    you. Easy.

    Besides, cheap ass whore cops will hold you for 30 minutes
    to allow the alcohol you drank a hour ago , to reach limits that
    WILL make you over the mark. They are cowards and criminals. Simple !

    The GNNA should be involved in this discussion!!!

    1. Re:The Fifth Ammendment by justcauseisjustthat · · Score: 2, Informative

      They actually have laws now that force you to consent or lose your license.

    2. Re:The Fifth Ammendment by Benanov · · Score: 1

      However, loss of license isn't the same as incriminating yourself. (However in terms of effect it's still pretty inconvenient.)

      A sneaky way around the issue.

    3. Re:The Fifth Ammendment by Amouth · · Score: 1

      in NC you can still refuse the breathalizer and not lose your license IF you agree to a blood test. which must be done at a hostpital which normaly is a drive away .. and takes time for them to get to you.. i was taught never to drink and drive .. and i don't .. BUT that if i ever did drink anything and drive (even if it was a small ammount) and was stopped - that i should refuse the breathalizer and and agree to a blood test as it is more accurate - that and it gives you more time for your boody to even out and proccess what you had drank...

      i don't know about other states but this does work in NC....

      --
      '...if only "Jumping to a Conclusion" was an event in the Olympics.'
    4. Re:The Fifth Ammendment by CodeArtisan · · Score: 1

      Not sure about NC, but in the UK, I believe if you use the 'delayed blood test' approach, they are still allowed to estimate what your blood alcohol level at the time of arrest would have been. So there isn't much to gain.

    5. Re:The Fifth Ammendment by Amouth · · Score: 1

      i will have to check for here but i don't belive they can do that (at least i have never heard of that)..

      --
      '...if only "Jumping to a Conclusion" was an event in the Olympics.'
    6. Re:The Fifth Ammendment by Jeruvy · · Score: 1

      The proper method of testing is 'two' tests (samples). One at the time of detainment, and another after 20-30 minutes. Actual blood tests can and need only be tested 'once' (ie: needle in arm just once) but they can test this 'over' time instead of just 'at time of sample' as a breath test does. They are very capable of using this information to determine the 'actual' inebriation at time of the event. Either way they are fairly damning to one's non-criminal status. Now lets get back to how accurate is the breath tester!

      --
      Jeruvy
  97. Re:DUI laws are just the second coming of prohibit by fishbowl · · Score: 1

    On the other hand, a sober diabetic probably won't fail a HGN test, won't have divided attention problems, .03 won't justify action, and a blood test won't show alcohol intoxication.

    --
    -fb Everything not expressly forbidden is now mandatory.
  98. Re:Frosty Pist by Anonymous Coward · · Score: 0

    Two can play at this game...

    Sorry, your blood alcohol is potato the limit for Slashdot first-posting. Please try again later.

  99. Re:DUI laws are just the second coming of prohibit by Fulcrum+of+Evil · · Score: 1

    Unless he's in DC, where they like to pop people for .02. Never mind that that effectively drops the bar for diabetics by about .03.

    --
    "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
  100. Re:DUI laws are just the second coming of prohibit by Sj0 · · Score: 1

    Is this stuff published somewhere, though? If it is, you've pretty conclusively shown that breathalysers are unreasonable and arbitrary devices.

    --
    It's been a long time.
  101. Re:DUI laws are just the second coming of prohibit by fishbowl · · Score: 1

    Anyone insane enough to drive in DC should be locked up anyway, drunk or sober.

    --
    -fb Everything not expressly forbidden is now mandatory.
  102. Proprietary? by one_red_eye · · Score: 1

    Proprietary code? Trade secrets? After reading the excerpts from the "Base One report," would any self respecting programmer take credit for that drivel?

  103. Re:Frosty Pist by choas · · Score: 1

    Does being moderated 'funny' give you karma points nowadays then ?

    --
    I will work to elevate you, just enough to bring you down
  104. How difficult is it? by Anonymous Coward · · Score: 0

    Seriously, how hard is it to just not drink if you know you're going to be driving? This isn't brain surgery here folks. What this does is highlight a very basic problem of a good portion of today's population: their inability to have self control. If you're over 20 and peer pressure makes you feel you just *have* to drink to celebrate something, than you are an idiot.

    There's no need to just "have a beer" or "just a few sips of wine" before driving home from *anything*. That's stupid, plain and simple.

  105. A real case by cdn-programmer · · Score: 1

    Well - its heresay.

    Where I grew up it snows and sometimes the roads are really bad.

    Yup - a farmer in the area was drinking too much. So his friend said he'd drive him home. They hit the ditch and were stuck. So the friend left him in the car and walked 1/4 mile to the nearest farmhouse to get a tractor and help. By the time they got back with the tractor the cops had already charged the sleeping farmer with being in control of a licened vehical while being intoxicated.

    I recall there was quite an uproar in the area.

    Mind you - I didn't read the court case and never talked to the people actually involved.

  106. Re:DUI laws are just the second coming of prohibit by X0563511 · · Score: 1

    Yes, except that there are usually laws against using weapons in most public places.

    --
    For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
  107. Are we talkign about the same thing? by cdn-programmer · · Score: 1

    Yes - you make many good arguments.

    The issue however is that many people are charged with DUI when they are NOT drunks and are trying to be responsible. Yes - there are drunks and some of them are really bad. I personally know one in fact. This guy was wreaking 6 cars per year and sometimes more.

    He has a criminal record because of this. This still didn't stop him. One time he and a friend were comming around a corner on the highway - pissed of course - and were traveling so fast that when they left the road they flew OVER TOP of the gas pumps. The car stopped when it hit the shop.

    He's broken his neck. He's broken his legs. Yet he lives. Also he never killed anyone but that is probably just luck.

    A menace? Yes - a real menace.

    But DUI laws don't stop people like this. Furthermore there are other laws which can be used including dangerous driving.

    The issue I addressed is the idea that an arbitrary Blood Alcohol number automatically determines if a person can handle a vehical. Next - there is no agreement on what that number should be. Some jurisdictions are at 0.05, others 0.08 and still others are at 0.10.

    Then some correctly point out that while some people can handle a car at 120 others have trouble at 45. Yes - my point exactly. Perhaps the person who cannot handle a vehical at 45 should not have a license.

    I think the laws are out of porportion with the crime - if there is one. In 99% of the case there is no criminal intent. At least in my circle of friends everyone takes this very seriously and tries not to break the law.

    Now - that post that the Ontario Government estimates a DUI will cost over $20,000 before its over.

    Really? Isn't this a little ridiculous?

    How about what happened to a friend of mine? He was stopped one night. They didn't do a breath test. Yes he had a couple beers.

    Instead they gave him an option. He could go down to the station and be checked, or they would call him a cab and tow his vehical to the pound. He chose the cab option. It cost him over $150 bux for towing charges and impound fees.

    I see this as a type of extortion. What we have is a system where money is fleeced out of people via threats and over reactions and then this is justified somehow? Meanwhile the anti-drinking people thump presumably their bibles and ask for harsher penalties.

    But did any of these DUI convictions stop that fellow who was a drunk from driving? Ans. No. It just cost his parents a lot of money. He never paid any of those fines. They did. He never had a job.

    As I see it - a generally responsible person who might be a little over the limit should be held accountable. However that person should not end up with a criminal record and should not be grouped in with real criminals. In criminal law we have the concept of the "criminal mind".

    You actually have to intend to commit the crime you are accused of. With DUI we usually just have a under estimation of a number (the Blood alcohol number) by people who have no means whatsoever to actually test what their BAC actually is. In these cases, its not a criminal offense. Its a mistake.

    Also, the number of accidents compared to the DUI convictions is very low. As I see it the punishment is several orders of magnitude greater than the crime. But then its about the same with Marijuanna too isn't it?

    1. Re:Are we talkign about the same thing? by Anonymous Coward · · Score: 0

      The issue however is that many people are charged with DUI when they are NOT drunks and are trying to be responsible.

      What part of getting plastered and then attempting to drive yourself home is "trying to be responsible"? I guess it's ok to fail to be responsible so long as you claim to have "tried"?

      Ugh. Friggin' drunk morons who think they can drive "just fine" at .08. I guess the legal line for "just fine" is pretty low in the USA, given how easy it is to obtain a license...

    2. Re:Are we talkign about the same thing? by freezingweasel · · Score: 1

      > The issue however is that many people are charged with DUI when they are NOT drunks and are trying to be responsible.

      I have to wonder if anyone's tried marketing a breathalizer for the home market. What do these really cost to produce (or would they cost to produce if mass produced) if there was a market for people who really wanted to comply. I'll agree that if you want to rely on the machines you have a responsibility to make sure they're accurate, but I hardly trust people to know when they are / aren't drunks just on their gut feeling. To me, nothing short of waiting several hours or arranging a pickup counts as responsible.

      > The issue however is
      I'm sorry, I did wander off from your point. I've seen enough people who think they have a right to drive no matter how much they've had, and my response was against the train of thought that since you don't specifically MEAN to kill or endanger someone by driving drunk, it's not REALLY bad and the cops are just being bullies. I've heard too many complaints from legitimately caught drunks trying to put the blame on the evil police instead of their own lack of planning ahead or willingness to do the right thing. Disclaimer aside, I stand by what I wrote, and given that there seems to be a major issue with people figuring out for themselves whether they're sufficiently imparied to need to stay off the road, I have no problem with a system that errs on the side of "make em wait a few hours to drive, till they've had a chance to actually sober a bit".

      > Yes - there are drunks and some of them are really bad. I personally know one in fact. This guy was wreaking 6 cars per year and sometimes more. ...
      But DUI laws don't stop people like this. Furthermore there are other laws which can be used including dangerous driving.

      My thoughts on this are that if you're THIS out of control and REPEAT the mistake, your car should be impounded. The anti-drunk driving laws are there to keep the other drivers safe. If saying NO sternly doesn't work, move up from there. Permanently bar him from driving if needed, with longer and longer jail times if he's caught without a license. By now the person you mentioned certainly knows better. His refusal to obey the law doesn't make the law invalid, but makes him a criminal.

      > The issue I addressed is the idea that an arbitrary Blood Alcohol number automatically determines if a person can handle a vehical. Next - there is no agreement on what that number should be. Some jurisdictions are at 0.05, others 0.08 and still others are at 0.10.

      This is a good thing. The fact that a number can't be decided on means that different areas are TRYING to come to a correct number with different means, putting some thought into it (even if it means 2 of those 3 are possibly too high/low). The point of saying over .08 isn't to stop YOU when YOU can no longer handle it. .08 means that the chooser of the number thinks that the actual point at which MOST people in the area can't handle it is .6 or .7 and they're going to pull you over at .8 since they believe MOST are over their heads at that point. You can't selectively enforce, or you have favoritism / discrimination. Likewise, if the speed limit is 55, the highway engineer figured most people do 10 over, this roads safe speed is 65 - 70, 55 will keep most of them safe. If I raise it to what IS safe, people will push that and we'll REALLY have problems.

      > Then some correctly point out that while some people can handle a car at 120 others have trouble at 45. Yes - my point exactly. Perhaps the person who cannot handle a vehical at 45 should not have a license.

      I agree, but how about the person good at 45 but not 55? The only good to 55 person? The only good to 65 person? While you should have to be competent with a car before being allowed to drive, the fa

  108. Robot Cars by cdn-programmer · · Score: 1

    Arnie had this is Total Recall.

    I fully expect that within 15-20 years we will have robot cars. They might even be called Johnny Cabs. Who Knows...

    The question to ask is this: If someone rides home in a Johnny Cab and his is over the BAC limit - is he a criminal?

    What if a person rides home on his bicycle?

    My understanding of the bicycle situation is that if the rider does not have a driver's license then he cannot be charged. If he does have a driver's license then he can be charged. Note that one does not need a driver's license to operate a bicycle.

    What of a boat?

    If the boat doesn't have a motor then you cannot be charged. If it does have a motor then you can be charged. This is true even if you are drift fishing. But what if the motor doesn't work? Are you safe if you throw the keys overboard?

    What if you are sleeping in your car? Many people say charges have been laid. If so - then apparently if you leave the pub and figure maybe you better sleep it off - then you are still at risk.

    What if you leave the keys with the bartender? What if you do this and forget there is a spare set in your wallet?

    What if a drunk rides home on his horse?

    The short of it is that I fully expect that by 2025 we will have robot cars. Personally I look forward to this. I think it will save a lot of lives because there are some really bad drivers out there. I also think this should be the basis of an OpenSource project because its going to be exceedingly difficult to write the software.

    Notwithstanding this - when we get our JohnnyCabs... I expect anyone over the legal limit who rides in one will be charged with a DUI offense.

    Sad eh?

  109. Re:DUI laws are just the second coming of prohibit by Xolotl · · Score: 1
    Depends on the situation. Will the patient die if the operation is not performed immediately? Is the aircraft already in the air?

    Usually there is another surgeon available at short delay, and a copilot on the plane to take over, or at least an autopilot until the drunk pilot sobers up.

    In an emergency situation, where the risks are outweighed by the benefits, sure: let the surgeon operate. In an emergency situation, such as being the only person available to take someone critically ill to hospital, I would not prosecute the drunk driver (although if stopped by the police, then that no longer applies as the police can take the ill person). But in most cases the situation is not an emergency, either for the surgeon, the pilot or the driver. In those cases they should be prevented from continuing at least until they are sober, and face sanction for endangering others.

  110. More like DieBold by Anonymous Coward · · Score: 0

    It's more akin to the shenanigans DieBold pull

  111. Re:DUI laws are just the second coming of prohibit by Alioth · · Score: 1

    Actually, in this country - yes you do. If you don't react fast enough in the 'emergency brake' part of the test you fail your driving test. There is also an oral part of the test, where the examiner does check your decision making.

    When you're driving a car, you're in command of (and solely responsible) for over one tonne of sizzling machinery. Those people who don't take this seriously (i.e. drive when they've had three beers, drive with defective eyesight, drive while too tired or while ill) should lose their driving privileges. Drivers who still drive when they shouldn't really ought to start planning now what they are going to say to the family of the other road user they may eventually kill.

    I've been hit by a driver doing 50 mph, who had defective vision. It hurts just as much if they do that when they are drunk as it does with defective vision, and is just as negligent. If the driver had been four inches or so more to the left, he'd have been having to think of something to say to my Dad at the funeral.

  112. Very funny by Tanuki64 · · Score: 1

    I once applied for a job with Draeger Medical. I was not 'good' enough. And now this. *ROFL* Compared to this even the programs I wrote as kid on my Atari 400 were much better. Looks more like one of the team leaders was afraid of the competition.

    1. Re:Very funny by Just+Some+Guy · · Score: 1

      Looks more like one of the team leaders was afraid of the competition.

      Either that, or your code sucks more than theirs. Even if that's not true, you might not want to run around telling the world that these jackasses didn't think you made the grade.

      --
      Dewey, what part of this looks like authorities should be involved?
    2. Re:Very funny by Tanuki64 · · Score: 1

      Even if that's not true, you might not want to run around telling the world that these jackasses didn't think you made the grade.
      They are no issue for me anymore. Found shortly after that something better. So without this article I would not have wasted a thought on Draeger. Still it is funny when I think how they lectured me about safety and responsibility and medical yada yada. :-)
  113. I wouldn't want this company auditing MY software. by argent · · Score: 1

    2. Readings are Not Averaged Correctly: When the software takes a series of readings, it first averages the first two readings. Then, it averages the third reading with the average just computed. Then the fourth reading is averaged with the new average, and so on. There is no comment or note detailing a reason for this calculation, which would cause the first reading to have more weight than successive readings. Nonetheless, the comments say that the values should be averaged, and they are not.


    This is a rolling average, a standard technique for filtering out fluctuations in data. You see variations on rolling averages used in situations from stock market graphs to real-time control systems, and anyone competent to be auditing any control or data gathering software should be familiar with it.

    In addition, the summary is incorrect: this technique makes the *latest* reading have more weight than other readings, not the *first*.

    If this is typical of the auditing company's results, I would take their comments with a grain of salt.
  114. Re:DUI laws are just the second coming of prohibit by scott_karana · · Score: 1

    So instead of fines, you'd prefer tax increases across the board?

  115. Re:DUI laws are just the second coming of prohibit by NMerriam · · Score: 1

    I argued in court that sexual intercourse and boxing are both legal activities but when I try to combine them it turns into this big drama!


    Oh wow that's the first laugh-out-loud moment I've had on slashdot in months, thanks.
    --
    Recursive: Adj. See Recursive.
  116. DUI exemptions to the constituion by ProfBooty · · Score: 1

    pretty amazing how this isn't considered being against the 5th amendment! One of the several DUI exemptions to the constitution.

    also

    The Michigan Supreme Court found sobriety checkpoints to be a violation of the Fourth Amendment. However, in a split decision, the U.S. Supreme Court reversed the Michigan court. Although acknowledging that such roadblocks violate a fundamental constitutional right, Chief Justice Rehnquist argued that they are necessary in order to reduce drunk driving. That is, he argued that the end justifies the means. Attorney and law professor Lawrence Taylor refers to this as "the DUI exception to the Constitution." 1

    Dissenting justices emphasized that the Constitution doesn't provide exceptions. "That stopping every car might make it easier to prevent drunken driving ... is an insufficient justification for abandoning the requirement of individualized suspicion," dissenting Justice Brennan insisted. 2

    Chief Justice Rehnquist had argued that violating individual constitutional rights was justified because sobriety roadblocks were effective and necessary. But dissenting Justice Stevens pointed out that "the findings of the trial court, based on an extensive record and affirmed by the Michigan Court of Appeals, indicate that the net effect of sobriety checkpoints on traffic safety is infinitesimal and possibly negative." 3 And even if roadblocks were effective, the fact that they work wouldn't justify violating individuals' constitutional rights, justices argued.

    from http://www2.potsdam.edu/hansondj/DrivingIssues/110 3163004.html

    --
    Bring back the old version of slashdot.
  117. Re:DUI laws are just the second coming of prohibit by Anonymous Coward · · Score: 0

    Actually in the UK you are tested for reaction speed in two ways. Firstly you may have to perform an emergency stop during the practical element of the test and secondly you must pass a computer based reaction and decision making test.

    This test is a series of videos that are shot from a drivers perspective. As the video plays you must click to mark where a hazard begins and click again as the hazard escalates. If you don't spot a hazard quickly enough or don't spot as it escalates then you fail. I think it's between 15 and 20 videos you have to watch and hazards can vary from kids playing beside the road to spotting that the brow of a hill is blind and you may meet something as you drive over it. Some can be pretty obscure and you need to be fairly perceptive to notice all the hazards.

    As well as this you have to drive on real, busy roads for at least 45 minutes with an examiner. Perform maneuvers such as parallel parking, reversing around corners, bar parking, emergency stops etc. Finally you must pass a written exam on the rules of the road.

    It's also illegal to use a mobile phone whilst driving unless you use a hands free device. In fact you can be fined for doing anything that involves taking your hands off the wheel. For example woman was fined for eating an apple a few months back, I think the offense was driving without due care and attention.

    Even after all this the roads are still jammed and people still try to drive into my car everyday on the way home from work. So I don't think saying that 'If people had to pass these types of tests we wouldn't have so many traffics jams' is entirely true. I think it's a good idea to make the test difficult, but it's not a cure all. I think chucking alcohol into the mix (even a small amount) can only be a bad thing as it's fairly evident that people find concentrating on driving tricky at the best of times!

    (btw. I like a drink or three, so I'm not anti booze... I just don't partake if I'm driving.)

  118. Re:DUI laws are just the second coming of prohibit by mrchaotica · · Score: 1

    And thus you validate his argument: cars, unlike aircraft, are never in the air (unless you're Evel Knievel), and cars, unlike operations, can always be stopped without killing anyone (unless they're en route to the hospital, but then the police can take them instead).

    --

    "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  119. Re:Congrats. Now eat a dick. by Abcd1234 · · Score: 1

    Wow, you really don't fucking understand, do you? The blood alcohol limits aren't set because they define people who are shitfaced drunk. They're set because they define people who are sufficiently impaired to pose a danger to themselves or, more importantly, to others. Then again, it's apparent you're too fucking stupid to realize that the fact if you're "[talking] a little too much", it probably means you're sufficiently cognitively impaired such that your reaction time, attention, etc, are impacted, making you dangerous behind the wheel.

  120. What makes something proprietary/trade secret? by Ronin+Developer · · Score: 1

    Yes, it may seem surprising that there is some much "general" algorithms in their product but yet they call it proprietary or a trade secret. However, I believe it really comes down to HOW they put all those general algorithms together that makes it proprietary - not the fact that the individual pieces are in the public domain, per se.

    Similarly, in the military you'll find plenty of confidential documents that,when you read them would cause you to smack you head and say..."Duh, everybody knows that." or "I read that last week in xxxx". In those documents, however, the person or team preparing the document had done their research, cited all the relevant sources, and performed an analysis on that information that, despite coming from public and/or open sources, when put together comprised sensitive information of either strategic or tactical importance.

    RD

  121. Don't Forget by Slashdot+Parent · · Score: 1

    Don't forget it happens to be legal to be in an intersection with the light red. Specifically, if you have entered the intersection while the light was still yellow, the light may turn red while you are in the middle of the intersection, and that is a legal situation.

    Some red light cams are video cameras, and some take multiple photos. Incidentally, many also record the vehicle's velocity. A buddy of mine got a red light cam ticket, but the ticket said he was going 90+ mph. We don't have photo speed enforcement in my state so the state had nothing to say about that, but his wife was pissed that he was going 90+.

    --
    They don't grade fathers, but if your daughter's a stripper, you fucked up. --Chris Rock
  122. Re:DUI laws are just the second coming of prohibit by Bill,+Shooter+of+Bul · · Score: 1

    No, actually its Billy Madision. I wrote the other post late at night. I get the two confused sometimes as well, but its from the academic competition at the end.

    --
    Well.. maybe. Or Maybe not. But Definitely not sort of.
  123. Re:DUI laws are just the second coming of prohibit by MightyMartian · · Score: 1

    There are laws pertaining to reckless driving in almost all jurisdictions. The point of DUI laws is that drinking drivers are far more likely to produce serious injuries and fatalities than other folks. Intoxication can be directly correlated to these events.

    I have no idea why anyone would want to defend a drunk getting behind the wheel, unless that person is trying to justify his or her own immoral, unethical and pathetic actions.

    --
    The world's burning. Moped Jesus spotted on I50. Details at 11.
  124. Interstate Commerce by aardwolf64 · · Score: 1

    Then try it in Federal Court. The product may be made in one state, but if it is distributed across state lines that makes it covered under Insterstate Commerce.

  125. Re:DUI laws are just the second coming of prohibit by mini+me · · Score: 1

    Who is defending drunk drivers? The point was that driving while sleep deprived is just as dangerous, unethical, and pathetic as driving while drunk. So why are there no laws to stop people from driving under those conditions? It is just as reasonable as the current drunk driving laws.

  126. Wow I must have just gotten lucky! by Anonymous Coward · · Score: 0

    I was in NYC last weekend and somewhere around 33rd and 10th ave. there was a sobriety check. I had 2 very weak drinks that didn't even give me a little kick at the very time I had them, 3 hours before the road block. So, I knew that I was fully sober. I pull up, the cop looks at me and asks if I had anything to drink. I, all cocky, say "yes, officer, I had 2 drinks 3 hours ago." He, very politely asks me to move over into the left lane and hands me off to the next round of cops.

    One of them takes my license and asks me if I wouldn't mind taking a "simple breathalyser test" and then being on my way. I said that I would have absolutely no problem with that. He passed my license to the third cop. This cop asked me again how much I had to drink. This time I lied, saying I had one drink a few hours ago. He leaned in very close, looked me straight in the eyes, asked me if I was the owner of my vehicle and whom it was registered to. I answered both questions. He glanced at the other cops, looked one more time at my license, handed it back to me and let me go with a "have a good night."

    After reading so many posts here about never submitting to a breathalyser test and the variations in results, next time I'll just say what I usually say "nope, didn't drink anything tonight."

  127. Ok to drive while on Phenobarb by cdn-programmer · · Score: 1

    Oh,

    Another thing you should perhaps be alarmed about is that its legal for a person on Phenobarb to drive. You might note that phenobarb is a far more powerful sedative than alcohol. IMHO this is mostly a witch hunt.

    If the issue is minimizing danger on the road then we should address the real issues at hand. Instead we create a scapegoat.

    1. Re:Ok to drive while on Phenobarb by Abcd1234 · · Score: 1

      Another thing you should perhaps be alarmed about is that its legal for a person on Phenobarb to drive.

      It shouldn't be. The laws where I live allow the cops to arrest anyone they perceive as driving under the influence of an intoxicant (drugs, alcohol, etc).

      If the issue is minimizing danger on the road then we should address the real issues at hand.

      So, what, you're claiming phenobarbitol causes more accidents than alcohol? Do you have numbers to back that up, or are you just making shit up as you go along?

      Instead we create a scapegoat.

      Main Entry: scapegoat
      Pronunciation: 'skAp-"gOt
      Function: noun
      Etymology: scape; intended as translation of Hebrew 'azAzEl (probably name of a demon), as if 'Ez 'OzEl goat that departs--Leviticus 16:8(Authorized Version) ...
      2 a : one that bears the blame for others b : one that is the object of irrational hostility

      So, how, precisely, is the act of drunk driving being held up as a scapegoat? Are you telling me the fears of drunk driving are irrational or unfounded? Seriously?

  128. Re:DUI laws are just the second coming of prohibit by jwiegley · · Score: 1

    Yes. Why don't you think about it... 40% of all traffic fatalities are alcohol related. For teens dying while out on their prom night this raises to over 55%. People don't just get hurt they get killed. The number of senior citizen/teen related crashes are just not that high by themselves. Alcohol and driving is just a big no-no and you should know it.

    I am appalled that this post ranked +4interesting when it implies that Drinking and Driving should be legal when every fact and statistic in existence supports otherwise! Buying guns are legal, People are legal why not combine the two and makie using guns on people legal? Your argument for legalizing a combination of components on the basis of their individual legality is ludicrous and ignorant. To answer your question, they made it illegal because allowing it causes great public harm and risk. (By the way, in 1982, before everybody cracked down on DUI/DWI, alcohol was related to 60% of traffic fatalities.)

    Prohibition and your fear have nothing to do with each other. Prohibition meant that nobody could sell, manufacture or consume alcohol. Nobody is proposing that so your argument of comparison to something bad is baseless. A further fallacy in this post is the shifting of blame to separate problems such as fixing reaction speeds, intelligence tests, decision abilities, etc. Sure these all factor into accidents and fatalities. But there just isn't the same level of statistical proof that spending resources on these problems will improve the public good. Also they don't generally constitute negligent behavior. That is, a person is typically doing his best to react swiftly, think quickly and drive professionally. Are you going to make stupidity illegal? Based on whose relative measure?

    Repeat after me: In every state driving is privilege, not a right. A privilege afforded to you by the state so long as you show that you are a trustworthy person acting in a responsible manner. Drinking and driving is not responsible, you shouldn't be allowed to drive... ever. Committing a criminal act while doing so should land your ass in jail for a long time. It has proven to be so probable of causing a criminal act (manslaughter is criminal) that the mere act of being drunk/influenced while driving should be (and was) made illegal.

    I'll go you one step further: People who drink and get into accidents should be prosecuted for attempted murder, Such people involved in a fatality should be prosecuted for murder. Look, we all know it is bad. We all know it causes accidents and deaths. Therefore, choosing to do it can be argued as intentional murder.

    In the time it took me to write this reply, somebody in the United States died because an idiot like you didn't think drinking and driving should be illegal and wanted to place the blame on senior citizens, teens and less significant problems. Almost two people actually.

    --
    I will never live for sake of another man, nor ask another man to live for mine.
  129. Re:DUI laws are just the second coming of prohibit by Anonymous Coward · · Score: 0

    Weave into the next lane without signalling? That's a paddling.
    Doing it while drunk? That's a triple paddling.
    Doing it while on your phone? That's a triple paddling.
    Doing it while eating? That's a triple paddling.
    Doing it while catching your house plant? That's a triple paddling.


    Paddling the school canoe? Ooh, you better believe that's a paddling!

  130. Great Jefferson's Ghost! by bill_mcgonigle · · Score: 1

    Amazing that Rehnquist and Stevens can vote this way on the DUI exception and the way they did on Kelo.

    I'm gonna call Jefferson's Ghost to haunt both of 'em. Well the living one anyway.

    --
    My God, it's Full of Source!
    OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  131. Re:Congrats. Now eat a dick. by Reality+Master+201 · · Score: 1

    No, I do understand - blood alcohol levels are for what an average person's impairment is like at a given alcohol concentration.

    But, as I stated, I'm not a danger at 0.08. I drink a lot, I have a high tolerance for alcohol, and I'm a generally good driver, sober or not. Drugs affect people differently. I don't lose my coordination with alcohol until I'm rather drunk, but I get a loose tongue fairly quickly. You may be different.

    But what's the difference? I won't convince you, and you will most assuredly not convince me. The only thing that's left is for you shut the fuck up and eat a dick. So off with you, and have at that, and try not to choke too loudly.

  132. Rolling averages for removing TRENDS by Anonymous Coward · · Score: 0

    If I recall correctly. In any case, unless you missed it, this is not a stock market being measured. So why is a stock market version of "average" being used here? No comment, apparently.

    But in this case, say someone had a reading of .08, .08, .09. What is the average? 0.0833, wouldn't you say? Well, your "rolling average" is .085. Why is that the right one?

  133. Rolling averages remove FLUCTUATIONS. by argent · · Score: 1

    In any case, unless you missed it, this is not a stock market being measured. So why is a stock market version of "average" being used here?

    OK, normally I'd respond with something like "this isn't limited to the stock market", but I already write that, so not only isn't my response 'no comment', it's right there in the same sentence that mentions stock markets! Did you stop reading half way through "You see variations on rolling averages used in situations from stock market graphs to real-time control systems"?

    Rolling averages are used for removing short term fluctuations from a data source. They have been used for years in real time control systems (like this one) to efficiently clean up dirty data sources. The use of this kind of averaging is not only normal and expected, it's something that anyone who had ever written or worked on any software even vaguely similar to this should know about.

    Either they're incompetent, or they're looking for things they can use to spin the results the way their customer wants. I suspect they're one of those "professional expert witness" companies, not a legitimate auditing firm at all.

    Also, to head off the next obvious attack, I'm not making a claims about the quality of the software in the breathalyzer, I'm making a comment about the quality of the audit.

  134. Mislead by Anonymous Coward · · Score: 0

    >>> A responsible drinker drinks at home

    So people who don't drink at home are irresponsible?

    A responsible drinker doesn't drive a CAR DRUNK.

    BTW, you don't have to be DRIVING a CAR DRUNK to be charged with DUI. IF you're at home and leave your car windows down, just by putting the keys in the ignition to put the window up (after drinking) means you're in control (or operating while intoxicated) of your vehicle which is really how DUI laws are defined. There are also cases where people were arrested for DUI on a horse, an electric wheelchair, a golf cart and DUI on a bicycle.

    People, like yourself, still believe DUI laws are about DRIVING a CAR while DRUNK on alcohol.

    In fact you also don't have to had alcohol in order to be arrested for DUI. There are plenty of OTC and legal prescribed meds that can earn you a DUI.

    FYI, RIDL stands for 'Responsiblity in DUI Laws'. Arresting someone in a wheelchair for DUI isn't responsible.

    1. Re:Mislead by letxa2000 · · Score: 1

      Me: A responsible drinker drinks at home
      You: So people who don't drink at home are irresponsible?

      I guess you didn't read the very next sentence of my original post: "A responsible drinker that wants to drink in a social environment gets a ride home with a friend. Or walks. Or calls a cab. Or takes the bus."

      BTW, you don't have to be DRIVING a CAR DRUNK to be charged with DUI. IF you're at home and leave your car windows down, just by putting the keys in the ignition to put the window up (after drinking) means you're in control (or operating while intoxicated) of your vehicle which is really how DUI laws are defined.

      If you get arrested for that, take it to court. I've never heard of that happening but I suppose in this country of ours, it's probably happened somewhere.

      There are also cases where people were arrested for DUI on a horse, an electric wheelchair, a golf cart and DUI on a bicycle.

      And what exactly is the problem with? It's entirely possible that you'll cause an accident if you are drunk and operating any of those vehicles. The horse might help a little because a horse is potentially smarter than a drunk human, but you still can navigate your vehicle (or horse) into traffic and cause a nasty accident.

      People, like yourself, still believe DUI laws are about DRIVING a CAR while DRUNK on alcohol.

      Car, horse, bicycle, golf cart... any of those have the potential to cause an accident because of you being impaired. If you're drunk, someone else should get you home or you should walk. At least if you walk and there's no vehicle, the only person that gets hurt when you wander into traffic is hopefully you.

      In fact you also don't have to had alcohol in order to be arrested for DUI. There are plenty of OTC and legal prescribed meds that can earn you a DUI.

      So? Follow the recommendations and don't operate heavy machinery after taking such drugs. There's a reason they have those recommendations.

      FYI, RIDL stands for 'Responsiblity in DUI Laws'. Arresting someone in a wheelchair for DUI isn't responsible.

      A wheelchair is a little extreme, I'll agree. But, again, you're highlighting the extreme cases that don't apply to many people. Your typical "responsible drinker" is not riding a horse, a wheelchair, or a golf cart. Most are driving themselves to and from the bar--and that's not responsible.